Page:Black's Law Dictionary (Second Edition).djvu/698

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KNOWLEDGE jury. Hutch v. Carpenter, 9 Gray (Mass) 271. See Utley v. Hill. 155 M0. 232, 55 S.

W. 1091, 49 L. R. A. 323. 78 Am. St. Rep. 569; Ohio Valley Coflin Co. v. Gable. 28 Ind. App. 3G2, 62 N. E. 1025; Clarke v. Ingram, 107 I311. 565, 33 S. E 802.

Knowledge may be classified in a legal sense, as positive and imputed -inmuted, when the means of knowledge exi. . known and accessible to the party, and capable of communicatinrz positive information. \\’hon there 15 knowl- edge, notice, as legally and technically undersmud. becomes imrmterial. It is only material when, in the nhsence of knowledge, it produces the same results. However closely actual notice may, in many instances. approximate knowl- cdg-_ and constructive notice may be its equiva- lent in Fffict, there may be actual notice without knowledge: and. nhen constructive notice is made the test to determine priorities of right, it may fali far short of knowledge, and he sufficient. (‘leveland Woolen Mills v. Sibert, 81 Ala. ‘[40, 1 South. 773. r—Cax-no.1 knowledge. Coitus; copulation; sexual intm'cm|rse—Personal knowledge. Knowledge of the truth in regard to a particular fact or allegation, which is original, and doss not depend on information or hearsay. Personal knowledge of an ailegation in an answer is personal knowledge of its truth or falsity; and if the allegation is a negative one, this nec-


600

KYTH

esssrily includes a knowledge of the truth or falsity of the allegation denied. West v. Home Ins. Co. (C. C.) 18 Fed. 622.

KNOWN-MEN. A title formerly given to the Loliarfls. Cowell.

KORAN. The Mohammedan book or faith. It contains both ecclesiastical and secular laws.

'KUT-KITBAI-A. In Hindu law. A1uorl~ gage—deed or deed of condjtionai saie, helng one of the customary deeds or instruments of security in India as declared by regulation of 1506, which regulates the legni pru- ceedings to be Inlsen to enforce such a security. It is also called “Byebil-W'u1Ta." Wharton.

KYMORTHA. A Welsh term for a wrister, rhymer, minstrel, or other Vagabond who makes assemblies and coliections. Burr- lug. Oh. St. 360.

KYTH. Sax. Kin or kindred.