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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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OVERREACHING CLAUSE
In a resettlement a clause which saves the powers of sale and leasing annexed to the estate for life created by the origiual settlement, when it is desired to give the tenant for life the same estate and powers under the resettlement. The clause is so called because it provides More...

In a resettlement a clause which saves the powers of sale and leasing annexed to the estate for life created by the origiual settlement, when it is desired to give the tenant for life the same estate and powers under the resettlement. The clause is so called because it provides that the resettlement shall be over* reached by the exercise of the old powers. If the resettlement were executed without a provision to this effect, the estate of the tenant for life and the annexed powers would be subject to any charges for portions, etc* created under the original settlement 3 Dav. Conv. 489; Sweet Less...
OVERRULE
To supersede; annul; reject by subsequent action or decision. A Judicial decision is said to be overruled when a later decision, rendered by the same court or by a superior, court in the same system, expresses a judgment upon the same question of law directly opposite to that which was More...

To supersede; annul; reject by subsequent action or decision. A Judicial decision is said to be overruled when a later decision, rendered by the same court or by a superior, court in the same system, expresses a judgment upon the same question of law directly opposite to that which was before given, thereby depriving the earlier opinion of all authority as a precedent. The term is not properly applied to conflicting decisions on the same point by co-ordinate or independent tribunals. In another sense, ''overrule" 1B spoken of the action of a court In refusing to sustain, or recognise as sufficient, an objection made in the course of a trial, as to the introduction of particular evidence, etc. Less...
OVERSAMESSA
In old English law. A forfeiture for contempt or neglect in not pursuing a malefactor. 3 Inst. 116.

In old English law. A forfeiture for contempt or neglect in not pursuing a malefactor. 3 Inst. 116. Less...
OVERSEER
A superintendent or supervisor; a public officer whose duties involve general superintendence of routine affairs. -Overseers of highways. The name given, in some of the states, to a board of officers of a city, township, or county, whose special function is the construction and repair of the public roads or More...

A superintendent or supervisor; a public officer whose duties involve general superintendence of routine affairs. -Overseers of highways. The name given, in some of the states, to a board of officers of a city, township, or county, whose special function is the construction and repair of the public roads or highways.-Overseers of the poor. Persons appointed or elected to take care of the poor with moneys furnished to them by the public authority. Less...
OVERSMAN
In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion, or he is named by the arbiters themselves, under powers given them by the submission. Bell.

In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion, or he is named by the arbiters themselves, under powers given them by the submission. Bell. Less...
OVERT
Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design. -Market overt. See MARKET.-Overt act. |n criminal law. An open, manifest act from Which criminality may be implied. An open act, which must be manifestly proved. 3 Inst. 12. Ah overt act essential More...

Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design. -Market overt. See MARKET.-Overt act. |n criminal law. An open, manifest act from Which criminality may be implied. An open act, which must be manifestly proved. 3 Inst. 12. Ah overt act essential to establish an attempt to commit a crime is an act done to carry out the intention, and it must be such as would naturally effect that result unless prevented by some extraneous cause. People v. Mills. 178 N. Y. 274, 70 N. E. 786, 67 L. R. A. 131. In reference to the crime of treason, and the provision of the federal constitution that a person shall not be convicted thereof unless on f,he testimony of two witnesses to the same "overt act," the term means a step, motion, or action really taken in the execution of a treasonable purpose, as distinguished from mere words, and also from a treasonable sentiment, design, or purpose not issuing in action. -Overt word. An open, plain word, not to be misunderstood. Cowell. Less...
OVERTURE
An opening; a proposal.

An opening; a proposal. Less...
OWELTY
Equality. This word is used in law In several compound phrases, as follows: "1.Owelty of partition is a sum of money paid by one of two coparceners or co-tenants to the other, when a partition has been effected between them, but, the land not being susceptible of division into exactly More...

Equality. This word is used in law In several compound phrases, as follows: "1.Owelty of partition is a sum of money paid by one of two coparceners or co-tenants to the other, when a partition has been effected between them, but, the land not being susceptible of division into exactly equal shares, such payment is required to make the portions respectively assigned to them of equal value."2.In the feudal law, when there Is lord, mesne, and tenant, and the tenant holds the mesne by the same service that the mesne holds over the lord above him, this was called "owelty of services." Tomlins."3.Owelty of exchange is a sum of money given, when two persons have exchangedlands, by the owner of the less valuable estate to the owner of the more valuable, to equalize the exchange. Less...
OWING
Something unpaid. A debt, for example, is owing while it is unpaid, and whether it be due or not. Coquard v. Bank of Kansas City, 12 Mo. App. 261; Mus-selman v. Wise, 84 Ind. 248; Jones v. Thompson, 1 El., Bl. & El. 64.

Something unpaid. A debt, for example, is owing while it is unpaid, and whether it be due or not. Coquard v. Bank of Kansas City, 12 Mo. App. 261; Mus-selman v. Wise, 84 Ind. 248; Jones v. Thompson, 1 El., Bl. & El. 64. Less...
OWLERS
In English law. Persons who carried wool, etc., to the sea-side by night, in order that it might be shipped off contrary to law. Jacob.

In English law. Persons who carried wool, etc., to the sea-side by night, in order that it might be shipped off contrary to law. Jacob. Less...

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