Legal Term Dictionary

See EQUITY.

See EQUITY. Less...

An improvement put upon an estate which enhances its value more than mere repairs. The term is also applied to denote the additional value which an estate acquires in consequence of some public improvement, as laying out or widening a street, etc. French v. New York, 16 How. Prac. (N. More...

An improvement put upon an estate which enhances its value more than mere repairs. The term is also applied to denote the additional value which an estate acquires in consequence of some public improvement, as laying out or widening a street, etc. French v. New York, 16 How. Prac. (N. Y.) 220; Abell v. Brady, 79 Md. 94, 28 Atl. 817; Chaae v. Sioux City, 86 Iowa, 608, 53 N. W. 333. -Betterment acts. Statutes which provide that a bona fide occupant of real estate making lasting improvements in good faith shall have a lien upon the estate recovered by the real owner to the extent that his improvements have increased the value of the land. Also called "occupying claimant acts." Jones v. Hotel Co., 86 Fed. S% 30 C. C. A. 108. Less...

As a measure or indication of distance, this word has the effect of excluding the two termini. Revere v. Leonard, 1 Mass. 93; State v. Godfrey, 12 Me. 366. See Morris & EX R. Co. v. Central R. Co., 31 N. J. Law, 212. If an act is to be More...

As a measure or indication of distance, this word has the effect of excluding the two termini. Revere v. Leonard, 1 Mass. 93; State v. Godfrey, 12 Me. 366. See Morris & EX R. Co. v. Central R. Co., 31 N. J. Law, 212. If an act is to be done "between" two certain days, it must be performed before the commencement of the latter day. In computing the time in such a case, both the days named are to be excluded. Richardson v. Ford, 14 111. 333; Bunoe v. Reed, 16 Barb. (N. Y.) 352. In case of a devise to A. and B. "between them," these words create a tenancy in common. Lashbrook v. Cock, 2 Mer. 70. Less...

This term is properly used to distinguish a sale of liquors to be drunk for the pleasure of drinking, from liquors to be drunk in obedience to a physician's advice. Com. v. Mandeville, 142 Mass. 469, 8 N. E. 327.

This term is properly used to distinguish a sale of liquors to be drunk for the pleasure of drinking, from liquors to be drunk in obedience to a physician's advice. Com. v. Mandeville, 142 Mass. 469, 8 N. E. 327. Less...

O. Eng. Expended. Before the Britons and Saxons had introduced the general use of money, they traded chiefly by exchange of wares. Wharton.

O. Eng. Expended. Before the Britons and Saxons had introduced the general use of money, they traded chiefly by exchange of wares. Wharton. Less...

Beyond the limits of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm, are synonymous. Prior to the union of the two crowns of England and Scotland, on the accession More...

Beyond the limits of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm, are synonymous. Prior to the union of the two crowns of England and Scotland, on the accession of James I., the phrases "beyond the four seas," "beyond the seas." and "out of the realm," signified out of the limits of the realm of England. Pan-coast's Lessee v. Addison, 1 Har. & J. (Md.) 350, 2 Am. Dec. 520. In Pennsylvania, it has been construed to mean "without the limits of the United States," which approaches the literal signification. Ward v. llallam, 2 Dall. 217, 1 L. Ed. 355: Id., 1 Yeates (Pa.) 329; Green v. Neal, A Pet. 291, 300, 8 L. Ed. 402. The same construction has been given to it in Missouri. Keeton's Heirs v. Keeton's Adm'r, 20 Mo. 530. See Ang. Lim. §§ 200, 201. The term "beyond seas," in the proviso or saving clause of a statute of limitations, is equivalent to without the limits of the state where the statute is enacted;. and the party who is without those limits is entitled to the benefit of the exception. Faw v. Roberdeau, 8 Cranch, 174, 2 L. Ed. 402; Murray v. Baker, 3 Wheat 541, 4 L. Ed. 454; Shelby v. Guy, 11 Wheat. 361. 6 L. Ed. 495: Piatt v. Vattier, 1 McLean, 146, Fed. Cas. No. 11,117: Forbes' Adm'r v. Foot's Adm'r. 2 McCord (S. C.) 331, 13 Am. Dec. 732; Wakefield v. Smart, 8 Ark. 488; Denham v, Holeman, 26 Ga. 182, 71 Am. Dec* 198; Galusha v. Cobleigh, 13 N. H. 79. ) BIDAL Less...

Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587, 79 Am. Dec. 307; Pierson v. State, 18 Tex. App. 558; Hinkle v. State, 94 More...

Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587, 79 Am. Dec. 307; Pierson v. State, 18 Tex. App. 558; Hinkle v. State, 94 Ga. 595, 21 S. E. 601. This term is not synonymous with "prejudice." By the use of this word in a statute declaring disqualification of jurors, the legislature intended to describe another and somewhat different ground of disqualification. A man cannot be prejudiced against another without being biased against him; but he may be biased without being prejudiced. Bias is "a particular influential power, which sways the judgment; the inclination of the mind towards a particular object." It is not to be supposed that the legislature expected to secure in the juror a state of mind absolutely free from all inclination to one side or the other. The. statute means that, although a juror has not formed a judgment for or against the prisoner, before the evidence is heard on the trial, yet, if he is under such an influence as so sways his mind to the one side or the other as to prevent his deciding the cause according to the evidence, he is incompetent. Willis v. State, 12 Ga. 444. Actual bias consists in the existence of a state of mind on the part of the juror which satisfies the court, in the exercise of a sound discretion, that the juror cannot try the issues impartially and without prejudice to the substantial rights of the party challenging. State v. Chapman, 1 S. D. 414, 47 N. W. 411. 10 L. R. A. 432; People v. MicQuade. 110 N. Y. 284. 18 N. E. 156, 1LR. A. 273; People v. Wells, 100 Cal. 227. 34 Pac. 718. Less...

An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestal (D. C.) 12 Fed. 59; Payne v. Cave, 3 Term, 149; Eppes v. Railroad Co., 35 Ala. 56. -Bid in. Property sold at auction is More...

An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestal (D. C.) 12 Fed. 59; Payne v. Cave, 3 Term, 149; Eppes v. Railroad Co., 35 Ala. 56. -Bid in. Property sold at auction is said to be "bid in" by the owner or an incumbrancer or some one else who is interested in it, when he attends the sale and makes the successful bid.-Bid off. One is said to "bid or' a thing when he bids for it at an auction sale, and it is knocked down to, him in immediate succession to the bid and as a consequence of it. Eppes v. Railroad Co.. 35 Ala. 56: Doudna v. [arlan, 45 Kan. 4£4, 25 Pac. 883.-Bidder. One who offers to pay a specified price for an article offered for sale at a public auction. Webster v. French, 11 111. 254.-Biddings. Offers of a designated price for goods or other property put up for sale at auction.-By-bidding. In the law relating to sales by auction, this term is equivalent to "puffing." The practice consists in making fictitious bids for the property, under a secret arrangement with the owner or auctioneer, for the purpose of misleading and stimulating other persons who are bidding in good faith.-Upset bid. A bid made after a judicial sale, but before the successful bid at the sale has been confirmed, larger or better than such successful bid. and made for tbe purpose of upsetting the sale and securing to the "upBet bidder" the privilege of taking the property at his bid or competing at a new sale. Yost v. Porter, 80 Va. 858. Less...

An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a visit of friends to a person beginning to set up house-keep-, ing. Wharton.

An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a visit of friends to a person beginning to set up house-keep-, ing. Wharton. Less...

Germ. In European marl-time law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose account the ship is built, More...

Germ. In European marl-time law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose account the ship is built, and the ship-builder. It has been termed In English the "grand bill of sale;" in French, "contrat de construction ou de la vente d'un vaisseau" and corresponds in a great degree with the English, French, and American "register," (q. v.,) being an equally essential document to the lawful ownership of vessels. Jac Sea Laws, 12, 13, and note. In the Danish law, it is used to denote tbe contract of bottomry. Less...