Page:Black's Law Dictionary (Second Edition).djvu/1161

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THINGS

person things, and actions. Civ. Code La. Irt. 445:4.

Such permanent objects. not being persons, as Ire sensible, or perceptibie through the senses. Aiist. Jur. § 452. _

A ‘‘thing'’ is the object of a right; 1. _e., whatever is treated by the low as the object oi_/cr which one person exercises a right.__and with reference to which another person iies under a duty. Holi. Jur. 83.

Things are the subjects of dominion or prop- erty, as distinguisliul from pI’r3om?._ They are distributed into three kinds: (1) Things real or immovable. comprehending lands. tenements. and heredit.-iinculs: (2) things personal or moviible, comprehending goods and chattels: and (3) things mixed. partaking of the characteristics of the trio former, as u title—dccrl, a term for years. The (‘Hi law divided things into_ corporeal (fungi 179 Wit) and incorporeal (tango mm possum.) “'hnrton.

—Thing.I in action. A thing In action is a. right to recover money or other personal prop- ert_\ by a judicial proceeding. C-iv. Code Cal. 1 953. See CLIOSE IN .-\crxoN —-Things personal. Goods. money, and all other lI10\flllleS. which may attend the owner's person Where- ever he thinks proper to go. 2 BL omm. 16. Things personal consist of goods. llJODe\', and all other morahles, and of such rights nud profits as relate to movaliles. 1 Srepli. (‘omin. 1.76. See People v. Ilolbrook. 13 Johns. (V. Y.) 90; U. S. v. Moulton. 27 Fed. Cas. 11: Pxoplc v. Bruohlvu, 9 Barb. (N. Y.) 546.- Things real. Such things as are pcrnmnr-_nt. fixed. iind lmmorahle, which cannot he carried out of their -place, as lands nud tenements. 2 Bl. (‘oui_m. 18. This definition has been ob- 'ccted to as not euibracing iucor-poi-en! rights. lr. Stephen defines things rm! to “consist of things siihslnntiul and iininovahlc, and of the rights and profits annexed to or is- iing out of these." 1 Sleph. Comm. 156 Tim‘ we rerzl are otherwise described to consist of lands, tenements, and hcrcditameuts. See Bntes v. Sparrcll, 10 Mass. 324; People v. Brooklyn, 9 Barb. (N. Y.) 546.


Things accessory are of the nature of the principal. Finch. Law. b. 1, C. 3, n. %.

Things are construed according to that which was the cause thereof. Finch. Law, b. 1. c. 3, n. 4.

Things are dissolved in they he cantrncted. Finch. Law, b. 1, c. 3, n. 7.

Things grounded upon an ill and void beginning cannot have a good perfection. Finch, Law, 17. 1, C. 3, ll. 8.

Things in action, entry, or re-entry cannot he granted. over. Van Rensselaer V. Bull. 19 N. Y. 100. 103.

Things incident cannot he covered. Finch, Law, b. 3, c. 1, n. 12.

Things incident pass by the grant of the principal. Seymour v. Canandaigua It N. F. R. (‘'o., 25 Barb. (N. Y.) 28-}, 310.

Things incident shall pain by the grant of the pr-incipnl, but not the principal by the grant of tho incident. Co. Litt 152a, 151D; Broom, Max. 433.

Bl.Law Dict.(2d Ed.)—73

1153

THIRTY—NINE ARTICLES

THINGUS. In Saxon law. A thane or nobleman; knight or freeman. Cowell.

THINK." In a special finding by a jury, this word is equivalent to “belleve," and expresses the concliisinu of the jury with surficient positiveuess. Martln v. Ceutrai Iowa Ry. Co., 59 Iowa. 414, 13 N. W. 424.

THIRD-NIGHT-AWN-HINDE. By the laws of St Edward the Confessor, if uuy man lay a thlrd night in an inn, he was called a “third-night-awn-hlnde," and his host was answerabie for him lf he committed any offense. The first night, furmuu-night, or uncouth, (unknown,) he was reckoned a stranger: the second night, two-night, a guest; and the thlrd night, an awn-hlnde. a domestic. Bruct. l. 3.

THIRD. Following next after the second; also, wlth reference to any legal instrument or transaction or judlclal proceeding, any outsider or person not a party to the affair noi- immediately concerned in it. —-Third opposition. In Louisiana, when on cxecution is levied on property which does not helong to the defendant, hot to on outsider, the remedy of the owner is by an intervention called a “third opposition." in which. on his giving security, an injunction or prohibition may he granted to stop the sole. ee New Orleans v. Louisiana Const Co.. 129 U. S. Ti. 9 Sup. Ct 223‘. 32 1'. Ed. (i0T.—Third parties. See PARTY.-—Third penny. _\ portion lonethirdl of the amount of all fines and other profits of the county court, which was reseri-ml for the curl. in the early dare when the juris- diction of those courts was nxtcusire, the rc- mninder going to the kiug.—Third. possessor. In Louisiana. 21 person who buys mortgaged property, but without assuming the payment of the mortgage. Tlmmpson v. Levy. 50 Lo. Ann 751, 23 South. 913.

THIRDBOROUGH, or T E I R D B 0- ROW. An under-constable. Cowell.

THIRDINGS. The third part of the corn growing on the land, due to the loril for a heriot on the dexith of his tenant, with- in the the manor of Turfat, in Ilereford. Blount.

TI-IIRDS. The designation, In colloquial language, of that portion of a decedent's personal estate (one-third) which goes to the widow where there is also a child or chil- drcn. See Yeomuns v. Stevens, 2 Allen (M:iss.) 350; O'Hara v. Dever, 46 Barb. (N. X.) 614.

THIRLAGE.}} In Scotch law. A servitude by which lands are astricted or “thirlcd" to :1 particular mill, to which the pm cssors must carry the grain of the growth of the astrlcted lands to be ground, for the nay- ment of such duties as are either expressed or i.uipLied in the constitution of the right. I-‘rsls. Inst. 2. 9, 18.

THIRTY-NINE ARTICLES. 'riCLi:s or Itulcuox.

See Aa-