Page:Black's Law Dictionary (Second Edition).djvu/118

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denies that the plaintiff had the right of property or possession in the subject-matter, alleging it to have been in the defendant or a third person, or avers a right sufficient to warrant the defendant in taking it, although such right has not continued in force to the time of making answer.

AVOWTERER. In English law. An adulterer with whom a married woman continues in adultery. Termes de la Ley.

AVOWTRY. In old English law. Adultery. Termes de la Ley.

AVULSION. The removal of a considerable quantity of soil from the land of one man, and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb. Real Prop. 452.

The property of the part thus separated continues in the original proprietor, in which respect avulsion differs from alluvion, by which an addition is insensibly made to a property by the gradual washing down of the river, and which addition becomes the property of the owner of the lands to which the addition is made. Wharton. And see Rees v. McDaniel, 115 Mo. 145, 21 S. W. 913: Nebraska v. Iowa. 143 U. S. 359, 12 Sup. Ct 396, 36 L. Ed. 136; Bouvier v. Stricklett, 40 Neb. 792, 59 N. W. 550; Chicago v. Ward, 169 Ill. 392. 48 N. E. 927, 38 L. R. A. 849, 61 Am. St. Rep. 185.

AVUNCULUS. In the civil law. A mother's brother. 2 Bl. Comm. 230. Avunculus magnus, a great-uncle. Avunculus major, a great-grandmother's brother. Avunculus maximus, a great-great-grandmother's brother. See Dig. 38. 10. 10; Inst 3. 6. 2.

AVUS. In the civil law. A grandfather. Inst. 3, 6, 1.

AWAIT. A term used in old statutes, signifying a lying in wait, or waylaying.

AWARD, v. To grant, concede, adjudge to. Thus, a jury awards damages; the court awards an injunction. Starkey v. Minneapolis, 19 Minn. 206 (Gil. 166).

AWARD, n. The decision or determination rendered by arbitrators or commissioners, or other private or extrajudicial deciders, upon a controversy submitted to them; also the writing or document embodying such decision. Halnon v. Halnon, 55 Vt. 321; Henderson v. Beaton, 52 Tex. 43; Peters v. Peirce, 8 Mass. 398; Benjamin v. U. S., 29 Ct. Cl. 417.

AWAY-GOING CROP. A crop sown before the expiration of a tenancy, which cannot ripen until after its expiration, to which, however, the tenant is entitled. Broom, Max. 412.

AWM. In old English statutes. A measure of wine, or vessel containing forty gallons.

AXIOM. In logic. A self-evident truth. an indisputable truth.

AYANT CAUSE. In French law. This term signifies one to whom a right has been assigned. either by will, gift, sale, exchange, or the like; an assignee. An ayant cause differs from an heir who acquires the right by inheritance. S Toullier, n. 245. The term is used in Louieiana.

AYLE. See Aiel.

AYRE. In old Scotch law. Eyre; a circuit, eyre, or iter.

AYUNTAMIENTO. In Spanish law. A congress of persons; the municipal council of a city or town. 1 White, Coll. 416; Friedman v. Goodwin, 9 Fed. Cas. 818.

AZURE. A term used in heraldry, signifying blue.