Stranger

A person born out of the United States; but in this sense the term "alien" is more properly applied until he becomes naturalized. A person who is not privy to an act or contract. Example, he who is a stranger to the issue shall not take advantage of the verdict. Brooke, Abr. "Record," pi. 3; Viner, Abr. 1. And see Comyn, Dig. "Abatement" (H 54). When a man undertakes to do a thing, and a stranger interrupts him, this is no excuse. Comyn, Dig. "Condition"" (L 14). When a party undertakes that a stranger shall do a certain thing, he becomes liable as soon as the stranger refuses to perform it. Bac. Abr. "Conditions" (Q 4).

A person who has no direct interest in the subject-matter of a suit, and who has, hence, no right to make defense, control the proceedings, examine and cross-examine witnesses, and appeal from the judgment. 2 ■A person not a party or privy to an act, contract, or title; as, in saying that a "stranger" must know the extent of an agent's power. Strangers are " third persons " generally — all persons in the world except parties and privies. For example, those who are in no way parties to a covenant, nor bound by it, are said to be strangers to the covenant. See Party, 8; Pbivy, 3; Negotiable; Notice; Eecord; Res, Inter alios.

Is often used to denote a person who has no part in a transaction with which he yet may afterwards have some concern. Thus the effect of an act may be drawn in question as to either parties, privies, or strangers. Thus the parties to a fine are either the cognizors or cognizees; the privies are such as are in any way related to those who levy the fine, and claim under them by any right of blood, or other right of representation; the strangers are all persons in the world, except only the parties and privies.

In its general legal signification, stranger is opposed to the word privy. In like manner, persons who are in no way parties to a covenant, nor bound by it, are also said to be strangers to the covenant. Stranger in blood. Any person not within the consideration of natural love and affection arising from relationship. On a division of a town in 1742, it was provided that lands should be taxed in the town where the owner lived; but that land purchased by strangers should be taxed in the town where it was situate. The provision was held to be in its nature temporary, so far as respected the taxation in the town where the owner lived; and the term strangers, as used in the act, was construed as applicable to such persons as were not land-owners at the time of the division, but became such by subsequent purchase, so that lands purchased after the division were taxable in the towns in which they respectively lay. Lamprey v. Batchelder, 40 N. H. 522.