Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
To insert in a list, account or writing.
To seal. Ensealing is still used as a formal word in conveyancing.
L. Fr. To make subject to a service or servitude. Britt, c. 54.
L. Laf. A creature of the law; an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from the law.
- Entaildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
n. A fee abridged or limited to the issue or certain classes of issue, instead of descending to all the heirs. 1 Washb. Real Prop. 66; Cowell; 2 Bl. Comm. 112, note. v. To settle o
Settled or limited to specified heirs or in tall. —Entailed money. Money directed to be invested in realty to be entailed. 3 & 4 Wm. IV, c. 74, §§ 70, 71, 72.
Money directed to be invested in realty to be entailed. 3 & 4 Wm. IV, c. 74, §§ 70, 71, 72.
- Entenciondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The plaintiff's count or declaration.
The old form of intendment, (q. v.) derived directly from the French, and used to denote the true meaning or signification of a word or sentence; that is, the understanding or cons
- Enterdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In the law of real property. To go upon land for the purpose of inking possession of it In strict usage, the entering is preliminary to the taking possession but in common parlance
L. Fr. A party challenging (claiming) goods; he who has placed them in the hands of a third person. Kel-ham.
The formal entry of the judgment on the rolls of the which is necessary before bringing an or an action on the judgment. Blatchford v. Newberry, 100 III. 491; Winstead v. Evans (Te
When bills not due are paid into a bank by a customer, it is the custom of some bankers not to carry the amount of the bills directly to his credit, but to "enter them short," as i
This word is synonymous with "board," and includes the ordinary necessaries of life. See Scatter-good v. Waterman, 2 Miles (Pa.) 323; Lasar v. Johnson, 125 Cal. 549, 58 Pac. 161; I
To solicit, persuade or procure. Nash v. Douglass, 12 Abb. Prae. N. S. (N. Y.) 190; People v. Carrier, 46 Mich. 442, 9 N. W. 487; Gould v. State, 71 Neb. 651, 99 N. W. 543.
Whole; without division, separation or diminution. —Entire contract. See Contract. —Entire day. This phrase signifies an undivided day, not parts of two days. An entire day must ha
- Entire contractdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
See Contract.
This phrase signifies an undivided day, not parts of two days. An entire day must have a legal, fixed, precise time to begin, and a fixed, precise time to-end. A day, in contemplat
The whole interest or right, without diminution. Where a person in selling his tract of land sells also his entire interest in all improvements upon public land adjacent thereto, t
A sole possession by one person, called "severalty," which is contrary to several tenancy, where a joint or common possession is in one or more.
- Entiretydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The whole, in contradistinction to a moiety or part only. When land ls conveyed to husband and wife, they do not take by moieties, but both are seised of the entirety, 2 Kent, Comm
These words in the habendum of a trust-deed for the benefit of a married woman are equivalent to the words "sole use," or "sole and separate use," and consequently her husband take
- Entitledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In its usual sense, to entitle is to give a right or title. Therefore a person is said to be entitled to property when he has a right to it. Com. v. Moorhead, 7 Pa. Co. Ct. R. 516;
In Fr. An intruder or interloper. Britt c. 114.
Span. Deliverv. Las partidas, pt. 6, tit 14, L L
A warehouse or magazine for the deposit of goods. In France, a building or place where goods from abroad may be deposited, and from whence they may be withdrawn for exportation to
- Entrydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
1. In real property law. Entry is the act of going peaceably upon a piece of land which is claimed as one's own, but which is held by another person, with the intention and for the
One who makes an entry of land under the public land laws of the United States.
In English practice. The proceeding by a plaintiff in an action who had given notice of trial, depositing with the proper officer of the court the nisi prius record, with the panel
In former times, the parties toan action, personally or by their counsel, used to appear in open court and make their mutual statements vivd voce, instead of as at the present day
This term is often used in law as equivalent to "mentioned specifically," "designated," or "expressly named or granted;" as in speaking of "enumerated" governmental powers, items o
Enumeration disaffirms the rule in cases not enumerated. Bac. Aph. 17.
The specification of one thing ls the exclusion of a different thing. A maxim more generally expressed in the form "expressio unius est exclusio alterius," (q. v.)
Persons appointed to collect census papers or schedules. 33 & 34 Viet c. 108, § 4.
- Enuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
To operate or take effect. To serve to the use, benefit or advantage of a person. A release to the tenant for life enures to him in reversion; that is, it has the same effect for h
L. Fr. In a mother's womb. A term descriptive of an unborn child. For some purposes the law regards an ihfant en ventre as in being. It may take a legacy; have a guardian; an estat
In Fr. In life; alive. Britt c. 50.
- Envoydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In international law. A public minister of the second class, ranking next after an ambassador. Envoys are either ordinary or extraordinary ; by custom the latter ls held in greater
A bond is released by the same formalities with which it is contracted. Co. Litt. 212b; Broom, Max. 891.
In the,manner in which [by the same means by which] a thing ls constituted, is it dissolved. 6 Coke, 53b.
Lat. On that day; on the same day.
Lat. At that instant; at the very or same instant; immediately. 1 Bl. Comm. 196, 249 ; 2 Bl. Comm. 168; Co. Litt. 298a; 1 Coke, 138.
Lat. With or in that view; with that intent or object. Hale, Anal. § 2.
Lat. In the civll law. In that state or condition; in that place, (eo loco.) Calvin.
Lat. Under that name; by that appellation. Perinde ac si eo nomine tibi tradita fuisset, just as if it had bsen delivered in you by that name. Inst. 2, 1, 43. A common phrase in th
In Saxon law. An earl.
In Saxon law. An oath.
This term, in its ordinary and popular mcaning, applies to any disease which is widely spread or generally prevailing at a given place and time. Pohalski v. Mutual In Ins. Co., 36
In medical Jurisprudence. A disease of the brain, which occurs in paroxysms with uncertain intervals between them. The disease is generally organic, though it may be functional and
Expenses or gifts. Blount.
A Christian festival, otherwise called the "Manifestation of Christ to the Gentiles," observed on the 6th of January, in honor of the appearance of the star to the three magi or wi
In Spanish law. A term synonymous with "equity" In one of its senses, and defined as "the benignant and prudent interpretation of the law according to the circumstances of the time
The office of overlooking or overseeing; the office of a bishop, who is to overlook and oversee the concerns of the church. A form of church government by diocesan bishops. Trustee
- Episcopaliadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiastical law. Synodals, pentecostals, and other customary payments from the clergy to their diocesan bishop, formerly collected by the rural deans. Cowell.
Of or pertaining to episcopacy or to the Episcopal Church.
A bishopric. The dignity or office of a bishop.
In the civil law. An overseer; an inspector. A municipal officer who had the charge and oversight of the bread and other provisions which served the citizens for their dally food.
- Episcopus alterius mandato quam regis non tenetur obtemperaredefined inBallentine's (1916)Black's (1910)
Co. Litt. 134. A bishop needs not obey any mandate save the king's.
It was an old custom that upon certain feasts some lay person should plait his hair, and put on the garments of a bishop, and in them pretend to exercise episcopal jurisdiction, an
- Episcopus teneat placitum, in curia christianitatis, de iis quæ mere sunt spiritualiadefined inBlack's (1910)
12 Coke, 44. A bishop may hold plea in a Court Christian of things merely spiritual.
In the civil law. Rescripts; opinions given by the emperors in cases submitted to them for decision. Answers of the emperors to petitions. The answers of counsellors, (juris-consul
A letter; a charter; an instrument in writing for conveyance of lands or assurance of contracts. Calvin; Spelman.
The time at which a new computation is begun; the time whence dates are numbered. Enc. Lond.
Alike; uniform; on the same plane or level with respect to efficiency, worth, value, amount, or rights. People v. Hoffman, 116 III. 587, 5 N. E. 600, 56 Am. Rep. 793. —Equal and un
Taxes are said to be "equal and uniform" when no person or class of persons in the taxing district, whether it be a state, county, or city, is taxed at a different rate than are ot
Persons are said to be related to a decedent "in equal degree" when they are all removed by an equal number of steps or degrees from the common ancestor. Fidler v. Higgins, 21 N. J
- Equalitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The condition of possessing the same rights, privileges, and immunities, and being liable to the same duties. Equality is equity. Fran. Max. 9, max. 3. Thus, where an heir buys in
The act or process of making equal or bringing about conformity to a common standard. The process of equalizing assessments or taxes, as performed by "boards of equalization" In va
The equal protection of the laws of a state is extended to persons within its jurisdiction, within the meaning of the constitutional requirement, when its courts are open to them o
An officer of sinte under the master of the horse.
- Equesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Lat. In Roman and old English law. A knight.
An equal. It is mentioned in Simeon Dunelm, A. D. 882. Jacob.
The two periods of the year (vernal equinox about March 21st, and autumnal equinox about September 22d) when the time from the rising of the sun to its setting is equal to the time
Just; conformable to the principles of natural justice and right. Just, fair, and right, in consideration of the facts and circumstances of the individual case. Existing in equity;
One founded on an equity or cognizable in a court of equity; or, more specifically, an action arising, not immediately from the contract in suit, but from an equity in favor of a t
- Equitable assetsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Equitable assets are all assets which are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of legal assets. 1 Story, Eq. Jur.
- Equitable assignmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An assignment which, though invalid at law, will be recognized and enforced in equity ; e. g., an assignment of a chose in action, or of future acquisitions of the assignor. Holmes
- Equitable constructiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule
In English practice, a defense to an action on grounds which, prior to the passage of the common-law procedure act, (17 & 18 Viet c. 125,) would have been cognizable only in a cour
The special easements created by derivation of ownership of adjacent proprietors from a common source, with specific .intentions as to buildings for certain purposes, or with impli
A proceeding in use in Pennsylvania, brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectmen
The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U. S. 670 , 10
This term is sometimes applied to the appointment of a receiver with power of sale. Hatch v. Van Dervoort, 54 N. J. Eq. 511, 34 Atl. 938
The lien in equity created by the filing of a creditors' bili to subject real property of the debtor, and of a lis pendens, is sometimes so calied. Miller v. Sherry, 2 Wall. 249, 1
such as exist in equity, and of which courts of equity alone take cognizance. A lien is neither a jus in re nor a jns ad rem. It is nut property in the thing, nor does it constitut
- Equitable mortgagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
A specific lien upon real property to secure the payment of money or the performance of some other obligation, which a court of equity will recognize and enforce, in accordance wit
One who is recognized in equity as the owner of property, because the real and beneficial use and title belong to him, although the bare legal title is vested in another, e. g., a
By analogy, the term "salvage" is sometimes also used in cases which have nothing to do with maritime perils, but in which property has been preserved from loss by the last of seve
A seisin Which la analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents.
An equitable title is a right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regains as the real o
Injury to a reversion or remainder in real estate, which is not recognized by the courts of law as waste, but which equity will interpose to prevent or remedy. Gannon v. Peterson.
- Equitaturadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Traveling furniture or riding equipments, including horses, horse harness, etc. Reg. Orig. 100b; St Westm. 2, c. 39.
- Equitydefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
1. In its broadest and most general signification, thls term denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the intercourse of men w
Courts which administer justice according to the system of equity, and according to a peculiar course of procedure or practice. Frequently termed "courts of chancery." See 1 Bl. Co
This term includes not only the ordinary meaning of the word "jurisdiction," the power residing in a court to hear and determine an action, but also a consideration of the cases an
That portion of remedial justice which is exclusively administered by courts of equity, as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609.
By this phrase is intended the rule of statutory construction which admits within the operation of a statute a class of cases which are neither expressly named nor excluded, but wh
A term used to designate the right of each of them to have the firm's property applied to the payment of the firm's debts. Colwell v. Bank, 16 R. I. 288, 17 Atl. 913.
- Equity of redemptiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Burrill (1850)Bouvier (1839)
The right of the mortgagor of an estate to redeem the same after it has been forfeited, at law, by a breach of the condition of the mortgage, upon paying the amount of debt, intere
The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settle