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Claim

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant.

Plowd. 359. See Cummings v. Lynn, 1 Dall. (U. S.) 444, 1 L. Ed. 215; Willing v. Peters, 12 S. & R. (Pa.) 177.

In a popular sense, claim is a right to claim; a just title to something in the possession or at the disposal of another.

Steele v. State, 159 Ala. 9, 48 South. 673.

The owner of property proceeded against in admiralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stating that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary preliminary to his making defence; 2 Conkl. Adm. 201- 210. A demand entered of record of a mechanic or material man for work done or material furnished in the erection of a building, in Pennsylvania and some other states. The assertion of a liability to the party making it to do some service or pay a sum of money.

See Prigg v. Pennsylvania, 10 Pet (U. S.) 539, 10 L. Ed. 1000.

The possession of a settler upon the wild lands of the government of the United States; the lands which such a settler holds possession of. The land must be so marked out as to distinguish it from adjacent lands; Sargeant v. Kellogg. 5 Gilman (111.) 27a Such claims are considered as personalty in the administration of decedents' estates; Stewart v. Chadwick, 8 la. 463; are proper subjects Of sale and transfer; Hill v. Smith, Morris (la.' 70; Freeman v. Holliday, Morris (la.) SO; Wilson v. Webster, Morris (la.) 312, 41 Am. Dec 230; Stewart v. I wick, 8 la. 463; Turney v. Saunders, 4 Scam. (111.) 531; the possessor Icing required to deduce a regular title from the first occupant to maintain ejectment; Turney v. Saunders, 4 Scam. (111.' 531; and a sale furnishing sufficient consideration for a promissory note; Freeman v. Holliday, Morris (la.) SO; Starr v. Wilson. Morris (la.) 4:'.^; Pierson v. David, 1 la. 23. An express pr to pay for improvements made by "claimants" is good, and the proper amount to be