Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

FORHERDA

In old records. A herd- land, headland, or foreland. Cowell.

DEED OF SEPARATION

An instrument by which, through tlie medium of some third person acting as trustee,provision is made by a husband for separation from his wife and for her separatemaintenance. Whitney v. Whitney, 15

DEED POLL

In conveyancing. A deed of one part or made by one party only; and originally so calledbecause the edge of the paper or parchment was polled or cut in a straight line,wherein

DEEM

To hold; consider; adjudge; condemn. Cory v. Spencer, 67 Kan. 048, 73 Pac.920, 63 L. R. A. 275; Blaufus v. People, 69 N. Y. Ill, 25 Am. Rep. 148; U. S. v.

DEEMSTERS

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

DEER-HAYES

Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11.

DEFALK

To set off one claim against another; to deduct a debt due to one from adebt which one owes. Johnson v. Signal Co., 57 N. J. Eq. 79, 40 Atl. 193 ;

DEFAMATION

The taking from one’s reputation. The offense of injuring a person’s character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. Printing

DEFAULT

The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement. State v. Moores, 52 Neb. 770, 73 N. W. 299;Osborn v. Rogers, 49 Hun,

DEFAULTER

One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails toaccount for such money.

DEFEASANCE

An instrument which defeats the force or operation of some otherdeed or estate. That which is in the same deed is called a “condition;” and that which isin another deed is a

DEFEASIBLE

Subject .to be defeated, annulled, revoked, or undone upon the happeningof a future event or the performance of a condition subsequent, or by a conditionallimitation. Usually spoken of estates and interests in

DEFEASIBLE FEE

An estate in fee but which is liable to be defeated by some futurecontingency; e. g., a vested remainder which might be defeated by the death of theremainderman he- fore the time

DEFEASIBLE TITLE

One that is liable to be annulled or made void, but not one that isalready void or an absolute nullity. Elder v. Schumacher. 18 Colo. 433, 33 Pac. 175.

DEFEAT

To prevent, frustrate, or circumvent; as in the phrase “hinder, delay, or defeat creditors.” Coleman v. Walker, 3 Mete. (Ivy.) 05. 77 Am. Dec. 103; Walker v.Sayers, 5 Rush (Ivy.) 581.To overcome

DEFECT

The want or absence of some legal requisite; deficiency; Imperfection ; insufficiency.Hauey-Campbell Co. v. Creamery Ass’n, 119 Iowa, 188, 93 N. W. 297; Bliven v. Sioux City, 85 Iowa, 346, 52 N.

DEFECT OF FORM

An imperfection in the style, manner, arrangement, or non-essentialparts of a legal instrument, plea, indictment, etc., as distinguished from a “defect ofsubstance.” See infra.

DEFECT OF PARTIES

In pleading and practice. Insufficiency of theparties before a court in any given proceeding to give it jurisdiction and authority todecide the controversy, arising from the omission or fail- us to join

DEFECT OF SUBSTANCE

An imperfection in the body or substantive part of a legal instrument, plea, indictment, etc., consisting in the omission of something which is essential to be set forth. State v. Startup, 39

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