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
Wears or kiddles in rivers.
It Is to be understood or known; "it ls to-wlt" Litt. §§ 9, 45, 46, 57, 59. A very common expression in Littleton, especially at the commencement of a section; and, according to Lo
- Estatedefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
1. The interest which any one has in lands or in any other subject of property. 1 Prest. Est. 20. And see Van Rensselaer v. Poucher, 5 Denio (N. Y.) 40; Beall v. Holmes, 6 Har. & J
An estate in fee-simple. Gian. L 7, a 1.
The interest of a tenant who has come rightfully into possession of lands by permission of the owner, and continues to occupy the same after the period for which he is entitled to
A species of estate less than frcehold, where lands and tenements are let by one man to another, to have and to hold at the wlll of the lessor; and the tenant by force of this leas
- Estate By Elegitdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See Elegit.
- Estate By Statute Merchantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
An estate whereby the creditor, under the custom of London, retained the possession of all his debtor's lands until his debts were paid. 1 Greent Cruise, Dig. 515. See Statute Merc
Tenant by the curtesy of England is where a man survives a wlfe who was seised in fee-simple or fee-tail of lands or tenements, and has had issue male or female by her born alive a
- Estate For Lifedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A freehold estate, not of inheritance, but which is held by the tenant for his own life or the life or lives of one or more other persons, or for an indefinite period, which may en
- Estate For Yearsdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A species of estate less than freehold, where a man has an interest in lands and tenements, and a possession thereof, by virtue of such interest, for some fixed and determinate per
- Estate In Commondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate in lands held by two or more persons, with interests accruing under different titles; or ac' cruing under the same title, but at different periods; or conferred by words
An estate which several persons hold as one heir, whether male or female. This estate has the three unities of time, title, and possession; but the interests' of the coparceners ma
A species of life-estate which a woman is, by law, entitled to claim on the death of her husband, in the lands and tenements of which he was seised in fee during the marriage, and
One which is not yet in possession, but the enjoyment of which is to begin at a future time; a present or vested contingent right of future enjoyment. These are remainders and reve
The estate which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 Bl. Comm. 106; Plowd. 557; 1 Prest. Est 425; Litt.
- Estate In Fee-Taildefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Generally termed an "estate tail." An estate of inheritance which a man has, to hold to him and the heirs of his body or to him and particular heirs of his body. 1 Steph. Comm. 228
- Estate In Joint Tenancydefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate in lands or tenements granted to two or more persons, to hold in fee-simple, fee-tail, for life, for years or at Will. 2 Bl. Comm. 180; 2 Crabb, Real Prop. 937. An estate
- Estate In Possessiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency. 2 Bl. Comm. 163. An estate where the tenant i
- Estate In Remainderdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate limited to take effect in possession or in enjoyment or in both, subject only to any term of years or contingent interest that may intervene, immediately after the regula
- Estate In Reversiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A species of estate in expectancy, created by operation of law, being the residue of an estate left in the grantor, to commence in possession after the determination of some partic
- Estate In Severaltydefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate held by a person in his own right only, without any other person being joined or connected with him in point of interest, during his estate. This is the most common and u
An estate of inheritance, which, instead of descending to heirs generally, goes to the heirs of the donee's body, which means his lawful issue, his chlidren, and through them to hi
- Estate In Vadiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
An estate in gage or pledge, 2 Bl. Comm. 157; 1 Steph. Comm. 282.
An estate in land or other real property, of uncertain duration; that is, either of inheritance or which may possibly last for the life of the tenant at the least, (as distinguishe
A species of freehold estate in lands, otherwise called a "fee," where the tenant is not only entitled to enjoy the land for his own life, but where, after his death, it is cast by
Estate for another's life. An estote in lands which a man holds for the life of another person. 2 Bl. Comm. 120; Litt. § 56.
- Estates of the Realmdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The lords spiritual, the lords temporal, and the commons of Great Britain. 1 Bl. Comm. 153. Sometimes calied the "three estates."
See Estate in Fee-Tail.
- Estate Upon Conditiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
An estote in lands, the existence of which depends upon the happening or not happening of seme uncertain event, whereby the estate may be either originally created or enlarged or f
An estate having a condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121.
An estate granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated upon perf
- Est autem jus publicum et privatum, quod ex naturalibus praeceptis aut gentium, aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliæ rectum esse diciturdefined inBlack's (1910)
Public and private law Is that which is collected from natural precepts, on the one hand of nations, on the other of citizens ; and that which in the civil law is called "jus," tha
Violence may also put on the mask of law.
An ensign for horsemen in wav.
L. Fr. To appear before a tribunal either as plaintiff or defendant. Kelham.
This word is used to express the mind or Judgment of the speaker or writer on the particular subject under consideration. It implies a calculation or computation, as to estimate th
The voice of the legislators them selves is like the living voice; that ls, the language of a statute ls to be understood and interpreted like ordinary spoken language. 10 Coke, 10
- Estopdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To stop, bar or impede; to prevent; to preclude. Co. Litt 352a. See Estoppel.
- Estoppeldefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or
where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon t
An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the effect of the estoppel being to prevent the
The estoppel raised by the rendition of a valid judgment by a court having jurisdiction, which prevents the parties to the action, and ali who are in privity with them, from afterw
An estoppel by the conduct or admissions of the party ; an estoppel not arising from deed or matter of record. Thus, where one man has accepted rent of another, he will be estopped
An estoppel founded upon matter of record; as a confession or admission made in pleading in a court of record, which precludes the party from afterwards contesting the same fact in
This term is sometimes applied to the estoppel arising from a former adjudication of the same fact or issue between the same parties or their privies. Chicago Theological Seminary
13 Coke, 68. Estovers are of fire-bote, plow-bote, house-bote, and hedge-bote,
A writ for a wife judicially separated to recover her alimony or estovers. Obsolete.
An allowance made to a person out of an estate or other thing for hls or her support, as for food and raiment. An allowance (more commonly called "alimony") granted to a woman divo
Hob. 159. There ls something more perfect in things allowed.
- Estraydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Cattle whose owner is unknown. 2 Kent, Comm. 359; Spelman; 29 Iowa, 487. Any beast, not wild, found within any lordship, and not owned by any man. Cowell; 1 Bl. Comm. 297. Estray m
- Estreatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
n. (From Lat. extractum.) In English law. A copy or extract from the book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., impo
Straightened, as applied to roads. Co.welL
- Estrepedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
To strip; to despoll; to lay waste; to commit waste upon an estote, as by cutting down trees, removing buildings, etc. To injure the value of a reversionary interest by stripping o
- Estrepementdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A species of aggravated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession. —Estrepement, writ of. This was
This was a common-law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As
And. The introductory word of several Latin and law French phrases formerly in common use.
And it is adjourned. A phrase used in the old reports, where the argument of a cause was adjourned to another day or where a second argument was had. 1 Keb. 692, 754, 773.
An abbreviation for et a lit, "and others."
And others on the other side. A phrase constantly used in the Year Books, in describing a Joinder in issue. P. 1 Edw. II. Prist; et alU C contra, et sic ad patriam: ready; and othe
And another. The abbreviation et al. (sometimes In the plural written et als.) is affixed to the name of the person first mentioned, where there are several plaintiffs, grantors, p
And it is allowed.
And others; and other things; and so on. In its abbreviated form (etc.) this phrase is frequently affixed to one of a series of articles or names to show that others are Intended t
L. Fr. And of this they put themselves upon the country.
And of this he puts himself upon the country. The formal conclusion of a common-law plea in bar by way of traverse. The literal transiation is retained in the modern form.
In Lat And it is read to him in these words. Words formerly used in entering the prayer of oyer on record.
And have you then there this writ. The formal words directing the return of a writ. The literal translation is retained in the modern form of a considerable number of writs.
And he had it A common phrase in the Year Books, expressive of the allowance of an application or demand by a party. Parn. demanda la view. Et habuit, etc. M. 6 Edw. III. 49.
And this he ls prepared to verify. The Latin form of concluding a plea in confession and avoidance. These words were used, when the pleadings were in Latin, at the conclusion of an
And this he prays may be inquired of by the country. The conclusion of a plaintiff's pleading, tendering an issue to the country. 1 Salk. 6. Literally translated in the modem forms
And thereupon [or thereof] he prays judgment. A clause at the end of pleadings, praying the Judgment of the court in favor of the party pleading. It occurs as early as the time of
And thereupon he brings suit. The Latin conclusion of a declaration, except against attorneys and other officers of the court. 3 Bl. Comm. 295.
The code of honor agreed on by mutual understanding and tacitly accepted by members of the legal profession, especially by the bar. Wharton.
Lat And now at this day. This phrase was the formal beginning of an entry of appearance or of a continuanca The equivalent English words are stlll used In this connection.
Lat And not A technical phrase in pleading, which introduces the negative averments of a special traverse. It has the same force and effect as the words "absque hoc," and is ocoasi
An abbreviation for et sequentia , "and the following." Thus a reference to "p. 1, et seq." means "page first and the following pages."
And so. In the Latin forms of pleading these were the introductory words of a special conclusion to a plea in bar, the object being to render it positive and not argumentative; as
And so to Judgment. Year hi T. 1 Edw. II. 10.
And so to the country. A phrase used in the Year Books, to record an issue to the country.
And he did se. Yearb. P. 9 Hen. VI. 17.
And so It hangs. A term used in the old reports to signify that a point was left undetermined. T. Raym. 168.
And so on; and so further; and so forth. Fleta, 11b. 2, c. 50, §27.
An abbreviation for et uxor,— "and wife," Where a grantor's wife joins him In the conveyance, It is sometimes expressed (in abstracts, etc.) to be by "A. B. et ux."
And his wife. A term used in indexing, abstracting, and describing conveyances made by a man and his wife as grantors, or to a man and his wife as grantees. Often abbreviated "et u
- Eum qui nocentem infamat, non est œquum et bonum ob eam rem condemnari; delicta enim nocentium nota esse oportet et expeditdefined inBlack's (1910)
It is not just and proper that he who speaks ill of a bad man should be condemned on that account; fur it is fitting and expedient that the crimes of bad men should be known. Dig.
Lat In going and returning. Applied to vessels. 3 C. Rob. Adm. 141.
Lat. Going, remaining, and returning. A person who is privileged from arrest (as a witness, legislator, etc.) is generally so privileged eundo, morando, et redeundo; that 1s, on hi
Equal laws and a well-adjusted constitution of government.
A male of the human species who has been castrated. See Domat, liv. pr6l. tit. 2, § 1, n. 10. Eckert v. Van Pelt, 69 Kan. 357, 76 Pac. 909, 66 In In A. 266.
Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.
A subtle endeavoring to set aside truth or to escape the punishment of the law. This will not be allowed. If one person says to another that he will not strike him, but will give h
Tending or seeking to evade; elusive; shifting; as an evasive argument or plea.
In old English law. The delivery at even or night of a certain portion of grass or com, etc., to a customary tenant, who performs the service of cutting, mowing or reaping for his
In reference to judicial and quasi judicial proceedings, the "event" means the conclusion, end or final outcome or result of a litigation; as, in the phrase "abide the event," spea
9 Coke, 81. An event is that which follows from the cause, and is called an "event" because it eventuates from causes
Co. Litt 379. A new matter always produces various events.
Each one of all; the term includes nil the separate individuals who constitute the whole, regarded one by one, Geary v. Parker, 65 Ark. 521, 47 S. W. 238; Purdy v. People, 4 Hili (
See Eaves-Drop-pers.
In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. To dispossess, or turn out of the possession of lands
- Evictiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Dispossession by process of law; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court. Rea-soner v. Edmundson, 5 Ind.