Page:Black's Law Dictionary (Second Edition).djvu/358

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DELIVERY 3

possession of the thing sold to the vendee or his servants or special agr-nu who are identified with him in law and represent him. (‘unstruc- Eire delivery is a geneial term, comprehending all those acts which, I.|.lIllUllf_"l.l not truly conferriiig a real possession of the thing sold on the vendce, have been held, by construction of law equiv- alent to acts of real delivery. In this sense (onstnictive delivery iucliides symbolic delivery and all those traditiunea fictw which have been admitted into the law as snliirient to vest the nhsolute property in the vendce and bar the rights of lien and stoppage in trcmsiiu. such as marking and setting apait the goods as be- longing to the \entlee, charging: him with ware house rent, etc. oljn v. Ilufinagle. 1 Rawle (l'a.) 19. A constriicthe delivery of personal- ty nikes plate when the goods are set apart and notice given to the person to whom they are to be delivered (The 'l‘it'iniu, 131 Fell. 229, 65 C. C. A. 215), or when, nilhont artuni transfer of the goods or their Eyll.Il.l0l, the conduct of the parties is such as to be inconsistent with any other snppusiuon than that [‘ll‘l'l’ has horn a change in the nature of the holdi . Swat- ford v. Spratl“, 93 ‘tin. App. 631. 67 S. 701: Hnlliday v. Whitc, 33 Tex. 459.

Symbolicnl delivery. The constillcfive db lively of the subject-matter of a sale, where it is cunihersonie or inaccessible, by the actual de- livery of some article which is conventionally accepted as the symbol or repr tative of it, or WhlLl.i renders‘ access to it no ile, or which is the evidence of the piirclm.scr‘s title to it; as the key of a WSiI'I‘l'lOlIS(' or a hill of lading of goods on shiphmirll. ins-low v. Fletcher, 53 Conn. 3'10, 4 At]. 2 0: Miller v. Lacey, 7 Honst (Del.) 8. 30 Atl. (J (l.

—]Jel.ive1'y bond. A bond given upon the sei- zure of goods (as under the revenue has) conditioned for their restoration to the defnnil-int, or tlir piiyment of their value, if so adjiulgc-(l. —Delivox-y order. An order addressed. in and, by Lbe on ner of goods to 2: person holding them on his behalf, requesting him to de- llrer them to a person n'imed in the order. De- l-very orders are chiefiy used in the case of goods held by dock companies, wbzirfingers, etc.


DELUSION. In medical jurisprudence. An insane delusion is an unreasoning and icnorrigible belief in the existence of facts which are either impossible absolutely, or, at least, impossible under the circumstances of the indivldual. It is never the result of reasoning and reliection; it is not generated by them, and it cannot be dispelled by them; and hence it is not to be confounded with an opinion, howex er fauhistlc the latter may be. Gultean's Case (D. C.) 10 Fed. 170. See IN- sun-rr.

DEM. An ablirerlntion for "demise ;" a. 17.. Doc do-m. Smith, Doe, on the demise of Smith.

DEMAIN. See DEMESNE.

DEMAND, 1:. In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. "Although sol-

emnly demamlcd, comes not, but makes default."

DEMAND, n. A claim; the assertion of a legal right: a legal obligation asserted in the courts. “Dem-ind" is a word of art of an extent greater in its slgniflcntion than any other

0 DEM ESNE

word except "claim." Co. Lltt. 291; In re Denny, 2 Hill (N. Y.) 220.

Demand embr ces all sorts of acllons, rights, and titles, cond before or after breach. ex» ecutions, appeals, rents of all kinds, C(J\l“l.lill]l& annuities, contracts, recognizant-es, siiilum. Lommons, etc. A release of all demands to l.llll.E burs an action for damages accruing aiter tit date from i\. nuisance previously erected. Vedder v. Vedder, 1 Deuio (N Y) 257. an is more comprehensive in import than "debt" or “duty." Sands v. Codwise, 4 Johns. (N. Y.) 536. 4 Am. Dec. 305.

Demand, or claim, is properly used in reference to a cruise of action. Saddleavene v. Arms, 32 How. Przic. (N. Y.) 280.

An imperative request preferred by one person to another, under a claim of right. re- quiring the latter to do or yield something or to abstain from some act.

—Demand in reconventlun. A demand which the defendant iiistilults in consequence of that which the pi tiff has lironght against him. Used in Louisiana. Eqiiiviileut lu ii "counterclaim" elsewhere. McLeod v. bert- SLlle_\', 33 Wis. 177, 14 Am. Itep. 7.35.—Legs.l demand. A demand properly made, us to form, time, and place, by a poison laufully authorized. l"os.<i r. Norris, 70 Me llS.—0n demand. A promissory note payable "on demand" is a present debt, and is payuhle willio_nt any actual demand, or, if it demand is nec- essary, the hringing of a suit is enough. .\ppeal of Andre-ss, 99 Pa. 42-1.—-Pen-so:i.ia.l_ demazid. A demand for payment of a hill or note. made upon the (ll'zlW(‘!', acceptor, or moi er, in person. See 1 Daniel, Neg. Inst. § 589.

E u.-

IDEMANDA. In Spanish law. The pet!- tion of a plaintiff, setting forth his demand. Las Partldas, pt. 3, (it. 10, l. 3.

DEMANDANT. The plaintiff or party suing in a real action. Co. Litt. lfl.

DEMANDRESS. A female demandant

IDEMEASE. In old English law. Death.

DEMEMBRATION. In Scotch law. Mnllclously cutting off or otherulse separating one limb from another. 1 Hume, 323; Bell.

IDEMENS. One whose mental facilities are enfeehled; one who has lost his mind; dlstliiguishalile from omens, one totally insane. 4 Cake. 128.

DEMENTED. Of unsound mind.

DEMENTENANT EN AVANT. From this time forward. Iielham.

L.Fl'

DEMENTIA. See INBANITY.

DEMESNE. Domain; dominical; held in one's own right, and not of a superior; not allotted to tenants.

In the language of pleading, own: prop- er; original. Thus, sun assault dcmosne, his own assault, his assault originally or in the first place. —Ancient mesne in of fee.

demelue, seg ANCIENT.—De-

A man is said to be seised