Legal Term Dictionary

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...

An opening; a proposal.

An opening; a proposal. Less...

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...

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...

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...

In English law. The offense of transporting wool or sheep out of the kingdom ; so called from Its being usually carried on in the night. 4 Bl. Comm. 154.

In English law. The offense of transporting wool or sheep out of the kingdom ; so called from Its being usually carried on in the night. 4 Bl. Comm. 154. Less...

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. People, 108 111. 586, 64 N. E. More...

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. People, 108 111. 586, 64 N. E. 1056; Atwater v. Spalding, 86 Minn. 101, 90 N. W. 370, 01 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 permits, 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 lien. Farmers' & Mechanics* Nat. Bank v. Logan, 74 N. Y. 581.-Joint owners. Two or more persons who jointly own and hold title to property, e. g., joint tenants.-Legal owner. One who is recognized and held responsible by the law as the owner of property. In 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.-Repnted 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.) 43 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 ft, 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 Less...

The complete dominion, title, or proprietary right in a thing or claim. See PROPERTY. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Oode, the thing of which there may be ownership is called More...

The complete dominion, title, or proprietary right in a thing or claim. See PROPERTY. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Oode, the thing of which there may be ownership is called "property." Civ. Code CaL { 654. Ownership is the right by which a thing belongs to some one in particular, to the exclusion of all other persons. Civ. Code La. art 48a Ownership is divided into perfect and imperfect. Ownership is perfect when it is perpetual, and when the thing is unincumbered with any real right towards any other person than the owner. On the contrary, ownership is imperfect when it is to terminate at a certain time or on a condition, or if the thing which is the object of it, being an immovable, is charged with any real right towards a third person; as a usufruct, use, or servitude. When an immovable is subject to a usufruct, the owner of it is said to possess the naked ownership. Civ. Code La. art. 490; Maestri v. Board of Assessors, 110 La. 517, 34 South. 658. Less...

A restitution anciently made by a hundred or county for any wrong done by one that was within the same. Lamb. Arch. 125.

A restitution anciently made by a hundred or county for any wrong done by one that was within the same. Lamb. Arch. 125. Less...

In old English law. As much land as an ox could till. Co. Litt 5a. A measure of land of uncertain quantity. In Scotland, it consisted of thirteen acres. Spelman.

In old English law. As much land as an ox could till. Co. Litt 5a. A measure of land of uncertain quantity. In Scotland, it consisted of thirteen acres. Spelman. Less...