Page:Black's Law Dictionary (Second Edition).djvu/350

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DEED 342 DEFAULT

parts, between tw_o or more parties, and dis- DEER-HAYES. Engines 01' great nets u“-'5“’5h°d by h‘“".'“'i .3” edge. *7‘ “E8 W991‘ 01' made of cord to catch deer. 19 Hen. Vlli. parchment on which it is Wl‘ittPl1 indented or C. 11

cut at the top in a particular manner. This was ‘

formerly done at the top or side. in a line re-

sembling the teeth of 8 saw: a foi-ninlity de-

DEFAGE. To that or destroy the face

rived from the ancient practice of dividing chirographs; but the cutting is now made either in. ii waving line, or more commonly by notchlng or nicking the paper at the edge. 2 Bl. Comm. 293. 296; Litt. § 370' Smith. Cont. I2.—Doed of covenant. Covenants are sometimes ElltFl‘- ed into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for lhe production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a dcbt, instead of a hand with I]. condition. but the legal remedy is the same in either case. —Deed of release. One releasing property from the incumbrnnce of a mortgage or similar pledge upon payment or perforniance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed. pledging real property for the payment of a deiit or the performance of other conditions. substantially as in the case of a nioitszage. II. deed of release is the conveyance executed by the trustees, after payment or perforiiiitncc, for the purpose of divesting themselves of the legal title and revealing it in the original owner. See Swain v. Mi-.\lillan. 30 Mont. 433. 76 Pac. 943 earl of separation. An instrument by which. through the meiiiurn of some third Dl"l'SOl'l acting as trustee, proiision is made by A husband for separation from his wife and for her separate maintenance. Wliitney v. W'hit- ncy, 15 Misc. Itep. "2. 36 N. Y. Supp. 891.- Deed of trust. An instrument in use in many states. taking the place and serving the uses of a common-law mortgage, by which the lcsal title to real property is placed in one or more trustees. to secure the repayment of a sum of money or the performance of ollicr conditions. I"'l!lk v. Pierr-r-. 144 Cal. 434. 77 Pac. 1012. See ‘I‘a.Us'r Di-.i-:n.—Deed poll. In con\ey- ancing A deed of one part or made by one party only; and originailv so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distingiiislicd from a deed indented or indoiiture. As toa special use of this term in Pennsylvania in colonial times. see l'Ierron v. Datiar. 120 U. S. 464, 7 Sup. Ct. 620. 30 L Ed. 748—Deed to declare uses. A dccd made afler a fine or common recovery. to show the olijcct there- of.—Deed to lead uses. A dccd made before a fine or common recovery. to show the object thereof.

As to "Q,)it(-i:1im" deed, "Tax Deed," “Trust Deed," and ‘‘Warranty deed, see those titles.

DEEM. To hold; consider; adjudge; condciini. Gary v. Spencer. 67 Kan. 618. 73 1’uc. 920. 63 L. B. A. 275; Blaulns v. People. 69 N. 1'. 1.11. 25 Am. Rep. 148; U. S. v. Doherty (D. C) 27 Fed. T30; Leonard v. Grant (0. C.) 5 Fed. 11. When, iiy statute. certain acts are "deemed" to lie FL crime of a particular nature, they are such crime, and not a semblance of it. nor a mere funciful approximation to or designation of the offense. Com. v. Pratt. 132 Mass. 2-17.

DEEMSTERS. Judges In the Isle of Man, who decide all controversies without process, writings, or any charges. Tlicse judges are chosen by the people, and are said by Spelman to be two in number. Spelman.

DEER-FALD. A park or fold for deer.

(that is, the physical appearance of written or inscribed characters as expressive of s definite meaning) of a written instrument. signature, inscription, etc, by oiiiiterutlun. erasure, cancellation, or snperlnscriptioii. so as to render it illegibls or unrecognizable, Llnney v. State, 8 Tax. 1, 55 Am. Dec. 756. See CANCEL.

DEFALGATION. The act of a defauiter; misappropriation of trust funds or money hold in any fiduciary capacity; failure to properly account for such funds. Dsuiiily spoken of oiilters of cu1'p0i'atiuus or piiiilic otliclais. In re Butts (I). U.) 120 Fed. 970: Crawford v. Burke, 20] Ill. 58.1. 66 N. E. 8153.

Also set-olf. The diminution of a debt or claim by deduct-in.; from it 11 smaller claim hsld by the debtor or payor. Iron Works \- Cuppey. 41 l0\\"l1, 104; Honk v. Foley‘. 2 Pen & W. (Pa.) ‘£50; McDonald v. Lee, 12 La. 435.

DEFALK. To set olf one claim against another; to deduct a debt due to one i'riiiii a debt which one owes. Johnson v. Signal Co. 57 N. J. Eq. 79, 40 Atl. 193; Pepper v. Will'- ren, 2 Marv. (Del.) 225, 43 Atl. 9] This verb corresponds only to the second meilmug of "defaltation” as given aiiovc: a public otiiter or trustee who rinsnppropriatcs or embezzies funds in his hands ia not said to "details"

DEPAMATION. The taking from one‘: reputation. The offense of injuring a person's character, fame, or reputation by false and malicious stnleineuts. The term seems to be comprehensive of both libel and slander Printing Co. v. Moulden, 15 Tex. Civ‘ App. 574, 4.1 S. W. 38]; l\Ioore v. Francis, 121 N Y. 199, 23 N E. 1127. 8 L. 11. A. 214. 18 Am. St. Rep. 810; Hulls-ubeci: v. Hall. 103 Iowa. ‘.714. 72 N. W. 518. 39 L. R. A. 734. 61 Inn St. Rep. 175; Blosnat v. Snyder, 10.‘: luwa.

500, 75 N. W. 556.

DEFAMES. L Fr. Infanioiis. Britt. c. 15.

Dm‘AULT. The omission or failure to

fulfill a duty. ohscrvc :1 promise, discharge an obligation, or perform an agiceuicnt. State v. Moores, 52 l\'eb. "'( 73 N. W. 2‘ 9; Osborn v. Rogers, 49 I-inn, 2 1, 1 N. Y. Supp. 623; Mason v. Aldrich. 36 Minn. 283. 30 N. W. 884.

In practice. Omission; neglect or fail- ure. When a defendant in mi action at law omits to plead within the time allowed him for that purpose, or falls to appear on the

trial, he is said to make default, and the judgment entered in the former case is technically called a “judgment by default." 3 Bi.