Estray

Defined in 8 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

An animal of value, not wild, found wandering from its owner; cattle whose owner is unknown. 2 Kent, Comm. 359. It is essential (1) that the animal should be by its nature tame or reclaimable (1 Bl. Comm. 298); (2) that it should be an animal upon which the law sets a value (Id.); (3) that it should not only be away from the owner, but running at large (36 N. J. Law, 235). The manner in which the animal escaped from the owner has been said to be immaterial. 70 Iowa, 509. But see 63

Ballentine's Law Dictionary

James A. Ballentine · 1916

A domestic animal which has strayed away from its owner’s custody. See 16 Or. 62, 8 Am. St. Rep. 267, and note, 16 Pac. 876.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Cattle whose owner is unknown. Spelman, Gloss.; Walters v. Glats, 29 la. 437; Roberts v. Barnes, 27 Wis. 422; Shepherd v. Hawley, 4 Or. 206; Lyman v. Gipson, 18 Pick. (Mass.) 426; but see Worthin any lordship, and not owned by any man. Cowell; 1 Ma. Com. 297; 2 id. 14. These belonged to the lord of the soil. Britt. c. IT. An animal turned on a range by its owner Is not an estray, although its immediate whereabouts is unknown to the owner, unless it wanders from the range and becomes lost; Stewart v. Hunter, 10 Or. 62, 1G Pac. 876, 8 Am. St. Rep. 207. It is used of flotsam at sea. 15 L. Q. R. 357. See Animal; Running at Large.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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 must be understood as denoting a wandering beast whose owner is unknown to the person who takes it up. An estray is an animal that has escaped from its owner, and wanders or strays about; usually defined, at common law, as a wandering animal whose owner is unknown. An animal cannot be an estray when on the range where it was raised, and permitted by its owner to run. and especially when the owner ls known to the party who takes it up. The fact of its being breachy or vicious does n6t make it an estray. Walters v. Glatz, 29 Iowa, 489; Roberts v. Barnes, 27 Wis. 425; Kinney, v. Roe, 70 Iowa, 509, 30 N. W. 776; Shepherd v. Hawley, 4 Or. 208.

A Law Dictionary and Glossary

George C. Kinney · 1893

Any thing out (rf its place, especially a wandering domestic animal.

A Dictionary of Law

Henry Campbell Black · 1891

Cattle whose owner is unknown. 2 Kent, Comm. 359; Spelman; 29 Towa, 437. Any beast, not wild, found within any lordship, and not owned by any man, Cowell; 1 Bl, Comm, 297. Estray mst be understcod as denoting a wandering beast whose owner is unknown to the person who takes itup. 27 Wis. 422; 20 Iowa, 487. An estray is an animal that has escaped from its owner, and wanders or strays about; usually defined, at comman law, asa wandering animal whose owner isunknown. An animal cannot beanestray when on the range where it was raised, and permitted by itsowner torun, and especially when the owner is known to the party whotekes it up. The fact of its being breachy cr vicious does not make it an estray. 4 Or. 208.

A Dictionary of Law

William C. Anderson · 1889

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

pL. Fr. estraye, estrayeur; L. Lat. extrahura, from extra, without.] Any thing out of its place, especially an animal that has escaped from its owner, and wanders or strays about; a wandering animal, {anim^il palans.) Spelman, voc. Extrahura. — Fecus vagans, quod nullus petit, sequitur vel advocat; a wandering beast, which no one seeks, follows or claims. Fleta, lib. 1, c. 43. Bract, fol. 120.