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Discovert

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Not covert; unmarried. The term is applied to a woman unmarried, DISCOVERY (Fr. deoouvrir, to uncover; to discover). The act of finding an unknown country. The nations of Europe adopted the principle that the discovery of any part of America gave title to the government by whose subjects or by whose authority it was made, as against all European governments. This title was to be consummated by possession.

8 Wheat. (U. S.) 543; 16 Pet. (U. S.) 367; 2 Washb. Real Prop. 518.

An invention or improvement.

Act Cong. July 4, 1836, § 6. ——In Practice.

The disclosure of facts resting in the knowledge of the defendant, or the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in some suit or proceeding in another court. It was originally an equitable form of procedure, and a "bill of discovery," strictly so called, was brought to assist parties to suits in other courts. In modern practice, a statutory proceeding is generally substituted, by which an inspection of books and papers, or an examination of a party, may be had on motion.