Page:Black's Law Dictionary (Second Edition).djvu/436

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ENTIRE

410.—Enth.-e tenancy. A sole possession by one person. called "severaity." which is contrary to several tenancy, where a joint or com- mon possession is in one or more.—Eiitire use, benefit, etc. These words in the helico- dum of a trust-deed for the benefit of 5. married woman are equivalent to the words “sole use.” or ‘sole and separate use." and consequently her husband takes nothing under such deed. Heathman v. Hall. 35 N. O. 414.

ENTIRETY. The whole, In contradistinction to a moiety or pzut only. When land is conveyed to husband and wife, they do not take by moieties, but lioth are seised of the euliretj/. 2 Kent, Comm. 132; 4 Kent, Comm. 362. Pnrceners, on the other hand. have not an ciztircty of interest, but each is properly entitied to the whole of a distinct moiety. 2 Bl. Comm. ISS.

The word is also used to designate that which the law considers as one whole, and not capa'bie of being divided into parts. Thus, a judgment, it is held, is an entirctj/. and, if void as to one of the two defend- ants, cannot be valid as to the other. So. if a contract Is an entirety, no part of the consideration is dne untii the whole has been performed.

ENTITLE. In its usual sense, to entitle is to giie a right or titie. Therefore a pm-— aon is said to be entitied to property when he has a right to it. Com. v. Moorhesd, 7 Pa. 00. Ct. R. 516; Thompson v. Thomp- son. 107 Ala. 163, IS Sonth. 2-H. .

In ecclesiastical law. To entitle is to give a title or ordination as a minister.

ENTREBAT. L. Fr. interloper. Britt. c. 114.

An intruder or

ENTREGA. Span. tidzis, pt. 6, tit. 14, I. 1.

Deliverv. his Par-

ENTREPOT. A warehouse or magazine for the deposit of goods. In France, a hul.lding or place where goods from abroad may be deposited, and from “hence they may he withdrawn for exportation to another country, without paying a duty. Brande; Web- ster.

ENTRY. 1. In real property law. Eutry is the act of going peaccabiy upon a piece or land which is claimed as one's own, but which is held by another person, with the intention and for the purpose of taking possession of the same.

Entry is I. remedy which the law afiords to an injured party ousted of his lands by another person who has taken possession thereof Wilhout right. This remedy luhich must in nil cases he pursued peaceably) takes place in three only out of the five sgiecies of ouster. viz., abatement. intrusion, an disscisin; for. as in these three cases the original entry of the wron...-dner is unlawful. so the wrong may be remedied by the mere entry of the fornicr possessor. But it is otherwise upon a discontinuance or deforceinent for in tliose latter two cases the former possessor cannot remedy the wronz by entry, but must do so by action. in-

428

ENTRY

asmuch as the oripinai entry being in these cases lawful, and therefore conferring an ap parent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the clainianfi Brown. See Inncrarity v. l\l'ims. 1 Ala. G74; Moore v. Flodgclon, 18 N. H. 1-19: Ililoy v. Peo.le. '39 Ill. App. 139: Johnson v. (Mat; '3' S. 3 2. 7 S. E. 601.

—l‘orcibla entry. See that title—Ru-entry. The resumption of the putoussiun of leased premises by the landlord on the mo- ant's failure to pay the stipulated rent or «II- erwise to keep the conditions of the least.- Open entry. An entry upon rcnl (-sli!-‘. fit the purpose of taking possession, which is not clandestine nor effected by secret artifice oi sci-alngem, and (in some states by statute) on which is accompiished in the presence of tut wignesses. Thompson v. Kenyon. 100 his-I 10 .

2. In criminal law. Entry is the utv lawful making one's Way into a dweliing or other house, for the purpose of committing a crime therein.

In cases of burglary, the least entry with the whole or any part of the body. hand, or foot. or with any instrument or weapon. introduced for the purpose of committing a felon . is soilicient to complete the offense. 3 lust. 64. And see W'allicr v. State. 63 Ala 49. 35 Am. Rep. 1; Com. v. Glover. 111 Mass. 402: Fnina v. State, 42 Tex. 280: State v. l\icCnll_ 4 Ala. t">—'14. 39 Am. Dec. 314; Pen. Code N. Y. 1903. § 501: Pen. Code Tex. 1895. nrl. 8+0.

3. In practice. Entry denotes the form- al inscription upon the rolls or records of a court of a note or minute of any of the proceedings in an action; and It is frequent- ly applied to the fliing of a proceeding in writing. such as a notice of appc.-«inuice liy a defendant, and, very generally. to the filing of the judgment roll as a record in [In office of the court. Thom.-ison v. Riicglcs. (‘>9 Cal. 4(‘»'i. 11 Pac. 20; State v. Lsnini, 9 S. D. 418, 69 N. IV. 592.

—Exitry of cause for trial. In Eneiish practice. The prover-dinz by :1 plaintiff in II action who had ;;i\ on notice of trial. dcpoulllsg with the proprr nfiiccr of the court the ma priiis record, with the panel of jurors nnn:-red. and thus bringing the issue bnfore the cmrt for triiil.—]-Int:-y on the roll. In fnrmer times, the parties to nn action. persoiinlly or by their counsel, used to apponr in open co-irt and make their mutual statements rind 9011.. instead of as at the present day drlireiin: their mutusi pleadings. until they arriie-l at the issue or precise point in dispute betlvel-n them. During the progress of this and staleml-nt, a minute of the various prom-t-dims was l’ll.'I(iF on parchment by an officer of the court '1pp0irIted for that purpose. The pnrchn--nl tiicn hccame the rccord; in other worcls, the nfliciai history of the su Inn}: after the rim» tiee of ornl pleading had fallen into disiw. it continued necessary to enter the DI'Ul‘E\1d’ilJ¢t in iilic manner upon the ]i'l'l'(‘i‘IDJel1l roll, am this was csiled “entry on the roll." or DJ:1i.i!r,.' up the “issue mli " But by a ruie of H. T. 4 \\’in. IV, the prnctice of making up the issue roll was aiI01iSl]K’dZ and it was only neci--ury to make up the issue in the form a iihsl for the purpose by a rule of II. T. 1. to deliver the same to the court and to the opposite party. The issue which was dclivercl to the court was called the “m'si prim re:-.'mI:" and that was regarded its the official history of the suit. in like manner as the issue roll

formerly was. Under the present practice. tin