owner

any person who owns an interest in such timber, including a sublessor and a holder of a contract to cut timber.' This definition, by its very terms, applies only to § 631(b), a section with no bearing on the question at issue here.

+ 19 more definitions — see all 27 over time

He who has dominion of a thing, real or personal, corporeal or incorporeal, which he has a right to enjoy and do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. 31 Cal. 649. The term has no exact technical meaning. Hare, Am. Const. Law, 355. As applied to lands, it has been said to include all who had an interest therein, though it fall short of ownership of the fee. (38 Mich. 171; 2 Ohio St. 114), and it has been applied both to the holder of the legal title (6 Hun [N. Y.] 553) and of an equitable estate (21 Minn. 107). In like manner, as applied to personalty, it has been held to include one having a temporary right of possession. 44 Conn. 298. Such persons are ordinarily designated as "special owner," in contradistinction from "general owner," in whom is the full title. See 10 Cush. (Mass.) 399; 50 Mich. 249.

lie who lias dominion of a thing, real or personal, corporeal or incorporeal, which he has a right to enjoy and do with as he pleases, — even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains liis right. See Turner v. Cross, 83 Tex. 218, IS 8. W. 578, 15 L. R. A. 202; Johnson v. Crookshanks, 21 Or. 339, 28 Fac. 78. Although there can be but one absolute owner of a thing, there may be a qualified ownership of the same thing by many. Thus, a bailor has the general ownership of the thing bailed, the bailee the special ownership. See Park v. Willis, 2 Cra. C. C. 83, Fed. Cas. No. 10717. The right of the absolute owner is more* extended than that of him who has only a qualitied ownership: as, for example, the use of the thing. Thus, the absolute owner of an estate, that is, an owner in fee, may cut the wood, demolish the buildings, build new ones, and dig wherever he may deem proper for minerals, stone, plaster, and similar things, which would be considered waste and would not be allowed in a qualified owner of the estate, as a lesbut it has been held in Ohio that the word owner, in the mechanic’s lien law of that state, includes the, owner of the leasehold as well as of the reversion, on the ground that any other construction would be subversive of the policy and intent of the statute. Choteau v. Thompson, 2 Ohio St. 123. The owner continues to have the same right although he perform no acts of ownership or be disabled from performing them, and although another perform such acts without the knowledge or against the will of the owner. But the owner may lose his right in a thing if he permit it to remain in the possession of a third person for a sufficient time to enable the latter to acquire a title to it by prescription or under the statute of limitations. See La. Civ. Code, b. 2, tit. 2, c. 1; Encyclopticlie d’ Alembert, Fropnetaire. When there are several joint owners of a thing, — as, for example, of a ship, — the majority of them have the right to make contracts in respect of such thing in the usual course of business or repair, and the like, and the minority will be bound by such contracts; Holt 586; Schott v. Harvey, 105 Pa. 222, 51 Am. Rep. 201. See Part-owner.

The person in whom is vested the ownership, dominion or title of property; proprietor. Garver v. Hawkeye Ins. Co., 69 Iowa, 202, 28 N. W. 555; Turner v. Cross, 83 Tex. 218, 18 S. W. 578, 15 L. R, A. 262; Coombs v. Pcople, 198 III. 586, 64 N. E. 1056; Atwater v. Spalding, 86 Minn. 101, 90 N. W. 370, 91 Am. St Rep. 331. He who has dominion of a thing, real or personal, corporeal or incorporeal, which he has a right to enjoy and do with as he pleases, even to spoil or destroy it, as far as the law permite, unless he be prevented by some agreement or covenant which restrains his right. Bouvier.

— Equitable owner. 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 trustee for his benefit.

— General owner. The general owner of a thing is he who has the primary or residuary title to it; as distinguished from a special owner, who has a special interest in the same thing, amounting to a qualified ownership, such, for example, as a bailee's hen. Farmers' & Mechanics' Nat. Bank v. Logan, 74 N. Y. 581.

— Joint owners. Two or more persons who jointly own and hold titla to property, e. g., joint tenants.
—-Legal owner. One who is recognized and held responsible by the law as the owner of property, la a more particular sense, one in whom the legal title to real estate is vested, but who holds it in trust for the benefit of another, the latter being called the "equitable" owner.

— Part owners. Joint owners; co-owners; those who have shares of ownership in the same thing, particularly a vessel.

— Reputed owner. He who has the general credit or reputation of being the owner or proprietor of goods is said to be the reputed owner. See Santa Cruz Rock Pav. Co. v. Lyons (Cal.) 48 Pac. 601. This phrase is chiefly used in English bankruptcy practice, where the bankrupt is styled the "reputed owner" of goods lawfully in his possession, though the real owner may be another person. The word "reputed" has a much weaker sense than its derivation would appear to warrant; importing merely a supposition or opinion derived or made up from outward appearances, and often unsupported by fact. The term "reputed owner" is frequently employed in this sense. 2 Steph. Comm. 206.

— Riparian owner. See Riparian.

— Special owner. One who has a special interest in an article of property, amounting to a qualified ownership of it, such, for example, as a bailee's lien; as distinguished from the general owner, who has the primary or residuary title to the same thing. Frazier v. State, 18 Tex. App. 44L

Does not mean always of ship, but may mean a person in and control, a person having a ject-matter and circumstances.

He who has dominion over a thing, which he may use as he pleases, except as restrained by the law or by an agreement.' Will include the person in possession and control of any article of personalty, as, the one who hires a carriage. ^ In a charter providing for notice to the owner of land to be taken for a street, includes a mortgagor.' Includes any person having a claim or interest in real property, though less than an absolute fee.^ In a tax law, may refer to one having a freehold.9 Absolute ownership, or an estate in fee, may not be contemplated; as, in a homestead exemption law.^" The precise meaning depends upon the subjectmatter. May designate the person in actual possession and occupancy of premises." • Pronounced 6w'-el-ty. " A half French or half Latin word, from owe,"

— Webster. F. owel, equal; en owel main, in equal hand or part. 2 Eeed V. Fidelity Ins. Trust, &c. Co., 113 Pa. 578 (1886). s 1 Story, Eq. § 654, cases. •Penn. Act 7 April, 1807, § 5: 2Purd. 1293, pi. 20; 6 Ph Ua. 182; 8 Pa. 122. « See Dow v. Gould Mining Co., 31 Cal. 649 (1867). • Camp V. Eogers, 44 Conn. 298 (1877). ' Whiting V. New Haven, 45 Conn. 303 (1877). 6 See Lozo v. Sutherland, 38 Mich. 171 (1878). • Davis V. Cincinnati, 36 Ohio St. 26 (1880). I » Tyler v. Jewett, 82 Ala. 98 (1886). " Schott V. Harvey, 105 Pa. 229 (1884). See, as to land Eq.uitatale owner. He for whom aoother holds property; a cestui que trust; a beneficiary, q. v. Legal owner. He who holds the property for the other. General owner. He in whom a title is vested primarily and principally. Special ■owner. An owner for a particular purpose; as, a bailee. See Agent; Factob; Peopertt, General. Joint owner; part owner. One of two or more persons who own a things especially, a vessel; a co-owner. Designates a class of persons distinct from partners, •who own property jointly, but in a different manner and by a different tenure.^ Reputed owner. One who, from all appearance, or from supposition, is the real owner of a thing; as, of property subject to taxation or to assessment for a municipal improvement. A bankrupt, by English law, is the reputed owner of all property in his apparent possession.^ Ownership. The right by which a thing belongs to an individual, to the exclusion of all other persons. ^ In the law of Louisiana, perfect ownership is perpetual; i-mperfect, such as will terminate at a certain time or on a condition being fulfilled.* OXEN". See Team.

Under a statute which endelnption may properly be made by a person who has been decreed a bankrupt, the lands having been his. Hampton v. Bouse, 22 Wc Ul. 263. A factor does not become " owner " of goods consigned to him for sale, by making advances upon them. By so doing, he acquires a lien, with right of possession, but is not the real owner. He is only an agent of the owner for certain purposes, and has but a limited right. That right is sometimes called a special property, but it is never regarded as a general ownership. The provisions of the abandoned and captured property act of congress, enabling the owner of property sold by the government to recover the proceeds from the treasury, do not include a factor, though he was intrusted with the property, for sale, and made advances on it. United States K. Villa Conga, 23 Wall. 35. Whether a bailee may not, in some cases, be deemed an owner, see Park v. Willis, 2 Crunch C. Ct. 83; Act of July 13, 1866, § 9, 14 U. S. Stat, at L. 120. The words "owner" and "proprietor," in a petition for dower, as descriptive of the estate of the deceased husband of the petitioner, are insufficient, because not describing an estate in fee-simple or fee-tail; which is necessary to support the petition. Davenport v. Farrar, 2 III. 314. The Illinois statute making one liable to damages, as the owner of Texas or Cherokee cattle, for infection to other cattle, does not apply against one who has only a conditional ownership growing out of a lien, unless he has the actual possession and control of the cattle. Smith v. Race, 76 TU. 490. The penalty imposed by St. 1842, ch. 60, § '3, upon the owner, agent, or superintendent of a manufacturing establishment, for employing children under twelve years of age, cannot be enforced against a corporation in whose works such children may be employed. Benson v. Monson, &c. Manuf. Co., 9 Mete. {Mass.) 562. " Owner " does not include a person who holds merely a parol contract for a conveyance of real property to him when he shall have paid the purchase-money, and who has paid a part, but not all of it. Buggies V. Inhabitants of Nantucket, 11 Cush. 433. "Owner," in Kev. Sts. ch. 7, § 7, —relating to taxes on real estate, — means the mortgagor, until possession taken by the mortgagee, after which the latter will be deemed the owner. Parker v, Baxter, 2 Gray, 185, 189. " Owner," in the Minnesota homestead law, includes one who has an equitable as well as one who has a legal ownership. Wilder v. Haughey, 21 Minn. 101 j Hartman V. Munch, Id. 107. A statute giving a right of actiou against the owner of any locomotive or car, by the defects in which a person is injured, means the owner at the time of the injury, owner not, necessarily, the party in whom the absolute right of property is vested. If a corporation hires cars from a car-builder, and runs them on its road, the corporation, not the lessor, is the party liable to the statutory action. Proctor o. Hannibal, &c. R. K. Co., 64 Mo. 112. A statute providing for compensation to owner of lands taken, is broad enough for any interest which a person may have in lands affected by an improvement, whether a fee or an estate less than a fee. Schoff V. Improvement Co., 57 N. H. 110. By " owner," in provisions in a railroad charter regulating compensation for condemnation of lands, is meant the person having some legal estate.which the company proposes by the condemnation to acquire. Under the more comprehensive expression of ''persons interested " are included also other individuals having some independent right or interest therein, not amounting to an actual legal estate; such as an easement of a right of way, inchoate rights of dower or curtesy, or encumbrances, such as by judgments or mortgages which are charges or liens on the legal estate. State v. Easton, &c. K. E. Co., 36 N. J. L. 181. A statute providing for an appraisal, "upon the application of the owner or owners, their heirs or assigns," designates the person equitably entitled to receive compensation, rather than the person having a legal estate in the land. Danforth v. Suydam, 4 N. Y. 66. A statute providing that no highway shall be opened or worked without a release by the owner of the land, or an assessment of his damages, means the person entitled to the legal estate in the land. Smith V. Ferris, 13 N. Y. Supreme Ct. 553. Generally, by " owner," in the mechanic's lien law, is meant the person on whose request and employment the building is erected, — the one who employs the contractor, and engages to pay for the structure. Mc Dermott v. Palmer, 11 Barb. 9; Mc Mahon v. Tenth Ward School Officers, 12 Abb. Pr. 129. A widow to whom dower has never been assigned is not " the owner " of any of the land in which she is entitled to dower, within the meaning of the Kansas mechanic's lien act. Ermul v. Kullok, 3 Kan. 499. " Owner," in the New Jersey mechanic's lien law, does not include a mortgagee. Tompkins v. Horton, 25 N. J. Eq. 284. "Owner," in the Ohio mechanic's lien law, is not limited to an owner in fee, but includes also an owner of a leasehold estate. If the ownership is in fee, the lien is on the fee; if it is of a less estate, the lien is on such smaller estate. Choteau v. Thompson, 2 Ohio St. 114. One who has sold lots, and agreed to make a building-loan, does not continue to be " owner," within the meaning of the mechanic's lien laws, merely because the transferred to the vendee until the completion of the proposed building. Loonie v. Hogau, 9 N. Y. 435; 2 E. D. Smith, 681. Lessees of land for years, with covenant for renewal, have such an interest in the land as will bring them within the jurisdiction of a court authorized to fix the compensation a railroad shall pay to " owners." North Pennsylvania R. R. Co. v. Davis, 26 Pa. St. 238. Under a statute exempting property of a given description, owned by a debtor, his interest in property of which he is part owner is exempt. RadclifE v. Wood, 25 Barb. 52. " Owner," in the Ohio statute exempting property from execution, does not apply to the husband occupying the separate property of the wife as a homestead. Davis v. Dodds, 20 Ohio St. 473.