Page:Black's Law Dictionary (Second Edition).djvu/226

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COLOR OF TITLE

595, 37 L. Ed. 459; Saitmarsh v. Crommelin, 24 A13. 352.

"Color of title is anything in writing purporting to convey title to the land, which defines the extent of the claim. it being inimnterial huw defective or imperfect the writing may lie. so that it is a sip, semblance, or color of title." Veal v. Robinson. 70 Ga. 809.

Color of fitle is that which the law considers prime fucie a. good title, but which, by reason of some defect, not appearing on its face, does not in [net amount to title. An absolute nullity, as a void deed, judgment, etc., will not Efllislilllte color of title. Bernui v. Gleiin.

‘a . .

"Any instrument having a grantor and grantee, and containing a description of the lands intended to be conveyed, and opt words for their conveyance, gives color of title to the lands descrihed. Such an instrument purports to be a. conveyance of the title, and hecouse it does not, for some reason, have that effect. it passes only color or the semblunce of a. title." Brooks v. Bi-uyn, 35)

It is not synonymous with "claim of title.” To the fonner, 8. paper fitie is requisite; but the latter may exist wholly in pore]. Hamilton v. Wright, 30 Iowa,

COLORABLE. That which has or gives coior. That which is in appearance only. and not in reality, what it purports to be.

—Co1o1-able alteration. One which makes no real or suhstantia] chnnge, but is introduced only as A suhterfuge or means of evuding the patent or copyright luw.p-Color-able imitation. In the law of trade-mniks. this phrase denotes such a close or ingenious imitation as to be calculated to deceive ordinary peI's0ns.—- Colornble pleading. The practice of giving color in pleading.

COLOR}: OFPIC11. Lat. By color 01' office. COLORED. By common nssge in Amer-

iui, this term, in such phrases as "coiored persons," "the colored race," “colored men." ind the like, is used to designate negroes or persons of the African race. inciuding aii persons or mixed hiood descended from negro ancestry. Van Camp v. Board of Education, 9 Ohio St. 411; U. S. v. Ls Coste. 26 Fed. Gas. 829; Jones v. 00111., 80 Va. 5-l-2; Heirn v. Bridnult. 37 Miss. 222; State v. Chnvers, 50 N. C. 15', Johnson v. Norwich, 29 Conn. 407.

COLI-‘ICES. Young poles, which, being cut down, are made levers or lifters. Bloimt.

COLPINDACH. In old Scotch law. A young henst or cow, 01' the age of one or two years; in later times called :1 “cowd.ash."

COLT. An animal of the horse species, whether male or female, not more than four years old. Mallory v. Berry. 16 Kan. 295; Pullen v. State. 11 Tex. App. 91.

COM. An abbreviation for "company," exactly equivalent to "00." Keith v. Stnrges, 51 Ill. 142.

C OMBARONES. Fellow-barons ;

In old English luw. fellow-citizens. The citizens

218

COMES

or freemen of the Cinque Ports being ancient- ly cziiied "barons;" the term “co1vibm-oiios" is used in this sense in a grant of Henry III. to the barons 01' the port of F9VI‘&Slltil1L Cowell.

COMBAT. A forcible encounter betweei. two or more persons; a bottle; a duel. Triiil by battle. —Mntua1 combat is one into which both the

arties enter voluntarily; it implies ll. common intent to tight, but not necessarily un ext-hang of hlows. Aldrige 1. ‘State, 59 Miss. £10; Tate v. State, 46 Ga. 158.

COMBATERRIE. A valley or piece of low ground between two bills. Kennett. Gloss.

COMBE. A smail or narrow valley.

COMBINATION. A conspiracy, or con- federation of men for unlawful or violent deeds.

A union of different elements. A patent may he talien out for I: new combination of existing machines. Stevenson Co. v. i\lcI-‘assell, 90 Fed. TOT, 33 C. C. A. 249; Moore v. Schaw (C. O.) 118 Fed. 602.

—Com'binn.tion in restraint of trade. A trust, pooL or other association of two or more individuals or corporations having for its object to monopolize the manufuitui-e or tralfie in s pariicuiur commodity, to regulate or control the output, restrict the sole, establish and maintain the price, stifle or exclude compe fition, or otherwise to interfere with the normal course of trade under conditions of free corn):

Northern Securities Co. v. U. S 19!

U. s’ 197 2.; Sup. 0:. 436, 43 L. ni."s79; U. S. v. night 0).. 156 U. S. 1. 15 Sup. Ct. 249. 39 1. no. 325- ‘

ras Brewing (Jo. v. Tempieman, oo Tex. E77, 33 s, w. 27; U. . v. Patterson (C. C.) 55 Fed. 605; State v. Continental Tobacco 00., 177 Mo. 1, 75 S. W. 737

COMBUSTIO.}} _Burning. In old English

law. The punishment inflicted upon apostotes. —Conibnstio domor-um. Houschurnlng; urson. 4 BL Comm. 2T2.~—Cnm'bnstio pecluiise. Burning of money; the ancient method of testing mixed antl corrupt money, paid into the ex- chequer, by melting it down.

COME. To present oneself; to appear in court. In modern practice. though such presence may be constructive only, the word is still used to indicate purticipntion in the proceedings. Thus, :1 pleading muy begin, “Now comes the defendant," etc. In case of a default, the technical language of the record is that the party “comes not, but makes defuult." Horner v. O'[.aughiln, .41 Md. 472.

COMES, o. A word used in a pleading to indicate the defendant's presence in court. See Coma.

COMES, 7:. Lot. ant; a count or earL

A roliower or attend-