Distribution, presumption of death, in re- | Documents, of a chartered vessel, iii. 201, spect to, ii. 434-436. of aliens' effects, ii. 67. (See Descent.) District courts, organization and jurisdic- tion of, i. 303-305. jurisdiction, as courts of common in cases of seizure, forfeiture and in cases of bankruptcy, i. 382. as prize and instance courts in admi- criminal jurisdiction of, in admiralty, no appeal in criminal cases, i. 325. admiralty and maritime jurisdiction cognizance of seizures and forfeitures, jurisdiction in salvage cases, i. 379, jurisdiction as to pilotage, i. 380, note. not limited to tide waters, i. 867, District of Columbia, inhabitants of, may legislative power of congress over, i. 384. Division fences, iii. 488. Divorce a mensa et thoro, ii. 125–128. policy of, ii. 127, 128. bars dower, ii. 99, n. 3, iv. 54. a vinculo, when granted, ii. 95-106. allowance made to the wife upon, ii. and matrimonial causes, court for, ii. as affecting rights of dower, ii. 99, n. causes of, in the several states, ii. Divorce a vinculo, of foreign, in the United of the Scotch, ii. 110-118. Documents, concealment or spoliation of, i. neutral, for ships, enumerated, i. 157. 202. of merchant vessels, iii. 130-133. eminent, ii. 338, 339, ns. (2), (5), (ƒ), iii. 421, n. (c), 459, notes, (see Emi- Domestic animals, liability of owner of, for Domicil, as affecting distribution of per- test of, i. 76, 77. and residence not same, ii. 430, n. what a change of, i. 346. as to divorce, ii. 116, 117, n. (a). not affect jurisdiction of circuit courts, as to marital rights, ii. 183, n. (a), how foreign may be acquired, ii. 49, as to infants, ii. 233, n. (c). right of parents and husbands to (See Lex Loci.) Dominion over subjects and vessels at sea, Donatio causa mortis, (see Gift,) ii. 444. Donor and donee of a power, iv. 316. Dower, estate by, iv. 35-72, (see Tenant.) estate by, when complete, iv. 36, 49, who entitled to, iv. 36. out of what estate and nature of in contingent estate, iv. 39, 40, n. (a), as affected by state legislation, iv. 41, in trust estates and uses, iv. 42, 43. how barred, iv. 50–60. how barred by adultery and divorce, how barred by jointure, iv. 55, 56. is chose in action before assignment, assignment of, relates back to death (a). Duress, as affecting contracts, ii. 458. when remitted, in case of destruction not to be imposed by states, i. 394. Dwelling-house, sheriff cannot enter forcibly Dying without issue, iv. 273–279. defined, iii. 419, 435. Easement, extent of first occupant's rights, (See Prescription.) air and light, right to, iii. 448. 5. Lost by abandonment, iii. 448-450. non-user for twenty years, with other acts indicative of abandonment, iii. unity of possession extinguishes, ini. 6. Lost by dedication, iii. 450. facts constituting dedication, iii. 451 what length of user sufficient, iii. 450, Eden's Reports, i. 494. Ejectment, by mortgagee, when it lies, iv. action of, iv. 70, n. (g), 118. Election, right, when may be implied, ii. of officers in corporations, how and between inconsistent rights, iv. 55, n. Electors of President, i. 275, 276. servient and dominant tenement, iii. Elegit, iv. 431, n. (a), 432 and n. (b), 434. 436, n. (e). 1. Party-walls, iii. 437, 466. liability to repair, iii. 437. digging near foundation walls, iii. right to support beams acquired by trees overhanging, iii. 438, n. (a). 2. Division fences, iii. 438. tenant not bound to erect, iii. 438. 441. Elementary writers on common law, i. 497. Bracton, Littleton, Coke, Hale, &c., of children by parents, ii. 193, 194 Embargo, risk of, insurable, iii. 291. how far their acts bind, i. 40. not a peril of the seas, iii. 207, n. (1). right of tenant for years to, iv. 109, Emerigon, iii. 345, n. (a), 348. right of state to interfere with fran- rights of, ii. 338, 339, ns. (2), (5), (ƒ). Endorsement of bill of lading, effect of, ii. does not pass the contract itself, ii. 549, negotiable paper, ii. 460. special, iii. 89. by joint payees, iii. 89, n. (2). of bills over-due, iii. 91. of bills on demand, out of time, iii. equities of defence, when and how admits preceding signatures, iii. 114. despatches, not to be carried, i. 152, despatches carried, confiscation of Enemy, trade with, unlawful, i. 67. as to commerce, i. 71, 75. by owning the soil, i. 71. by residence, i. 71–80. by sailing under his flag, i. 85. property on board a neutral, i. 81, 82. English decisions, their weight, i. 69, 70. Enlistment, against friendly powers unlaw- ful, i. 121, 123. Enrolment of ships, iii. 143-145. Entails, policy of, iv. 17, 20, 21. doctrine of, ii. 509, ns. (ƒ), (2) and forcible, action after, by landlord on lands of another, to take one's Equity of redemption, contracts for pur- | Equitable, assets, iv. 422. mortgage, iv. 150 and notes. over lands abroad, ii. 463, n. (d). of the federal courts, i. 341, 342 and Error, in contracts, ii. 477. derived from feudal tenures, iv. 423. trust estates, how affected by, iv. 426. Escrow, delivery of deed in, iv. 454. defined, iv, 2, 3, 4. general division of, iv. 4, 5. freehold, defined, iv. 23. division of, and at common law, iv 24. how created, iv. 25. on contingency, iv. 26. by courtesy, iv. 27, (see Courtesy.) history of, iv. 85-94. terms in relation to, (see Terms.) defeated by cesser or condition, iv. how forfeited, iv. 106, (see Forfeit not to be granted for longer period at will, iv. 111-116. when terminated, iv. 111, 112. as affected by reservation of annual when possession is taken under li- turned into from year to year, iv. 115. upon condition, iv. 121-133, (seu in reversion, (see Reversion.) by mortgage, iv. 136. as to real property under devise, iv. Estoppel, defined, iv. 260, 261. by matter of record, iv. 261, n. (b). when deed of feme covert an, iv. 261, of wife in suit for dower, iv. 37, 38. in case of user of easement, iii. 442, where lease is, iv. 98, 99. in pais, not bar title to real estate, iv. as to the wife, ii. 168, n. (1), iv. 98, n. Estovers, common of, iii. 404, iv. 73. right of tenant to, iv. 73. Estray, ii. 359. Estrepement, iv. 77, 78. Eviction, (see Rents,) iii. 463. from want of title, iv. 471-477. Evidence, in libel, ii. 19-26. opinion of experts admissible in in- Excepta rei Judicata, ii. 120. Excess, in the execution of powers, iv. Exchange, par of, iii. 116, 117. of land, iv. 438, n. (c). responsible, i. 271, 272, 322, n. (b). will reach personal property sold in will reach resulting trusts, iv. 437. staid at law, to marshal assets, iv. interest of mortgagee, not to be sold in chancery, iv. 430, n. (b). sheriff need not show judgment, iv. Execution, as to equities of redemption, as to chattels, ii. 440, 441, iii. 478, against a ship, iii. 130, n. (1). when it divests liens, iv. 436, n. (j). by elegit or extent, iv. 428, 429, 434, colonial laws respecting, iv. 429, 430. chancery process of, iv. 430, n. (b). redemption of land by debtor and irregularity of sale by, how far effect- valuation of lands sold, when allowed, what interests are bound by, iv. 433, sheriff may not forcibly enter dwell- laws, stopping unconstitutional, iv. sale under, within the statute of lien of judgments, iv. 434, 435, 436. equitable interest not to be sold un- against partners, iii. 65, n. (b). one year's rent first payable, iii. Executors, (see Administrator and Adminis- de son tort, ii. 415, n. (1). liability of, ii. 415-417 and notes. whether bound to plead statute of rights and duties, on rendering ac- nature of their title, ii. 431, n. (c). payments of, in their own wrong, iv. rights and duties, as to property in by local laws, may sell real estate to Executors, when bound by directions in | Factor, damages for wrongful sales by, will, iv. 320, 323, 341. power to sell land, iv. 320-327, 332, sales by, in New York, iv. 331, 332. may be required to give security, ii. time to pay legacies, ii. 417 and n. Executory interest assignable, iv. 261, 284. contracts under statute of frauds, ii. trusts, iv. 304, 305. Exemption of goods from execution, iii. Exercitor, defined, `iii. 161. Ex parte paterna et materna, iv. 404, 405. Expectant estates preserved, iv. 251, 252, now contingent remainders in New Extinguishment of rights, iii. 448. of powers, iv. 346. Extradition, i. 38, note. of fugitives from justice, i. 36, ii. 32. F. Factor, when sell on credit, ii. 622-624. payment may be made to, ii. 624. del credere, commission by, ii. 624. owner of goods shipped in his name, purchaser from, when entitled to set- right of, to sell for advances, ii. 640, property of principal in his hands, ii. ii. 642, n. (3), (see Damages.) to, ii. 547, n. (d). False affirmation, in sales of lands, ii. 487– False imprisonment, definition of, ii. 26. Fee, defined, iv. 3, 4, (see Estate.) simple, defined, iv. 5, (see Estate.) (See Courts.) Feme covert, bills payable to, by whom in- when deed of, on estoppel, iv. 26, ns. may declare a use for her husband's conveyance of land, ii. 150. Fences, division, (see Easements.) (See Deed,) iv. 480. when it produces a disseisin, iv. 481- Feræ naturæ, animals, ii. 348. Ferry, right of, gives no right to land on power of state to grant, iii. 421, n. (c). franchise of, rights and duties, iii. Feud or Fief, iii. 488, 495, n. (b). Fictitious firms, law of New York in rela- Fidei commissa, iv. 15, n. (c), 20, 289, Fiduciary property, cannot be purchased Filum medium aquæ, iii. 427, 428. Finder of goods, his rights and duties, ii. Finding, property acquired by, ii. 356. history and nature of, iv. 497. |