Page:Black's Law Dictionary (Second Edition).djvu/1149

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TEMPORE

the merits can be had. Jesse French Piano Co. v. Porter, 134 Ala. 302. 32 South. 678, 92 Am. St. Rep. 31: Calvert v. State, 34 Neb. 616, 52 N. W. SST. A temporary receiver is one appointed to take charge of property until a hearing is had and an adjudication made. Boonvilie Nat. Bank v. Biakey, 107 Fed. 895. 47 C. C. A 43. A temporary statute is one limited in respect to its duration. People v. “'rigi1t, 70 Ill. 399. As to temporary insanity. see Insanrrr.

TEMPORE. Lat. In the time of. Thus, the volume called "Cases tempore Holt” is a coilection of cases adjiirlsed in the king's bench during the time of Lord Holt. Wall. Rep. 393.

TEIVEPORIS IEXCEPTIO.}} LM; In the civil law. A plea of time: a plea of lapse of tLLne. in liar of on action. Corresponding to the plea of pr:-scriiition, or the statute of limitations. in our law. See Maclreld. Rom.

law, § 213. TEMPUS. Lat. In the civil and old English law. Time in general. A thne lim-

ited: a season: e. g., tempos peseonis. mast time in the forest.

—TempIu continuum. _ continuous or ahsoiute period of time. A term which begins to run from a certain ' nt. cu-n though he for whom it runs has no Lnowledge of the eient, and in which, when it has once begun to run, all the days are reckoned _as they follow-one another in the calendar. Dig. 3. 2. 8: ‘iiankeid. Rom. I ow, § 195.—TempnI Ieniestre. In old English law. The period of six months or half a year. consisting of nma

In the civil law. A

hundred and eighty-two days. Cro. Juc. 1|-Ii —Tempu| ntile. In the civil law. A prunL- nhle or arlvanlogeous period of time. A term

which ll(‘;,'IllS to run from 11 certain event. only when he for whom it runs has obtained a knowledge of the event, and in which, when it has once liegnn to run. those days are not reckoned on which one has no ezrpcriundi poteatiza; I". 2.. on which one cannot pros:-cine his rig.-hta before aogourt. Dis. 3. 6. 6: Mack:-id. Rom. Law. 5 . 0.

Tempo: enim modus tollendi obligationes et nctiones, qula tempns eurrit contra tlasides at uni jnris contemptoren. For time is a means of destroying ohiigatinns and actions. because ti'_Lue runs against the slothful and contemners of their own rights. Fleta. l. 4 c. 5. §12.

TENANCY is the relation of a tenant to the land \\hich he holds. Hence it signifies (1) the estate of a tenant, as in the expressions “joint tenanu'." "tenancy in common -." (2) the term or lnterest of a tenant for years or at will, us when we say that a lessee must remove his fixtures during his tenancy. Sweet.

——Genex':|.l tenancy. A tenancy which is not fixed and made certain in point of duration by the agreement of the pnrties. Brown v. Brass. 2‘_’_ Ind. ‘l22.—Joint tenancy. An estate in joint tenancy is an estate in fee-simple. fee-tail. for life, [or years, or at will, arising by pur-

1141

TENANT

chase or grant to two or more persons. Joint tenants have one and the same Interest, accruing hy one and the some conveyance. commencing at one and the same time, and heid by one and the same undivided possession. The grand icnident of joint tenancy is survivorship, by which the entire tenancy on the (lecmise of any joint tenant remains to the Sl1l'VlVO[‘S, and at iength to the last survivor. Puh. St. Mass. 1332. p. 1292; ._imons v. Mchnin, 51 Kan. 153. 3'.’ Pac. 919: Thornburg v. WiE'.’.ins. 135 lnil. 173. 34 N. E 999. 2" R. A. -12. 41 Am. St. Rep. 422; Appeal of Lewis. 85 Mich. 340. 48 N. ‘V. 580. 2} Am. St. Rep. 94; lterlenipiorist lI‘.itlu»rs v. Lavxler. 205 Pa. 24. 54 Atl. 487. A joint interest is one owned by several persons in equal shares, by a. title created by a single wiil or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. Cir. Code Cal. § 683.-—Severnl tenacny. A tenancy which is sciinrntc, mid not held jointly nitli another persou.—Tennncy at suffer-nnce. This is the lenst and lowest estate which can subsist in reaity. It is in strictness not an estate, but a mere possession only. It arises when a person, after his right to the occupation, under a iuwful titie. is at an end. continues (hnving no title nt ail) in possession of the hind, without the agreement or disagreement of the person in whom the right of possession resides. 2 Bl. Comm. 150

TENANT. In hioudest sense. one who holils or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will_ or otherwise. Cowell.

In a more restricted sense, one who holds landa of another; one who has the tempo- rary use and occupation of real pr01)eI‘t'_V owned by another person. (calied the “land- lord.”) the duration and terms of his tenancy being usually fired by an instrument railed a “lease." See Becker v. Becker. 13

\pp. Div. 342. 43 N. Y. Snpp. 17; Bowe r. Hunking. 135 Mass. 383, 46 Am. Rep. 471: Cllft v. White, 12 N. Y. 527; Ligiitiiody v. Trueisen, 39 Minn. 310. 40 N. W 67: Wool- sey v. State. 30 Tex. App. 347. 17 S. W. 546.

The word "tenant" conveys a much more min- preliensive idea in the language of the law than it does in Its popular sense. In popular lan- guage it is used more particularly as opposed to the word “iandlor-d." and alvgays seems to imply that the land or property is not the tenants own, but belongs to some other person, of \\ hnm he immediateiy holds it. But. in the languase of the law. 1.-vei-_v possessor of landed property is caiied I1. "tr-nant" with reference to such prop- erty, and this, whether such iamled prnpert\_ is nhsoiutely his own, or whether he Incrclv hoids it under a lease for a certain number of years. Brown.

In feudal law. One who holds of an- other (called “lord" or “superior") by some service: as foalty or rent

One who has actuni possession of lands claimed in suit by another: the defendant in a real action. The correlative of “demand- ant." 3 Bl. Comm 180.

Strictly speaking, a "tenant" is a person who holds land: but the term is also applied by analogy to persoualty. Thus we speak of a person being lenaut for life, or tenant in common, of stock. Sweet.

—Joint tenants. Two or more persons to

whom are granted lands or tenements to hold in