KFLCC Kingdom Law 2nd Ed.

1141

TENANT

TEMPORE

chase or grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The grand in cident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor. Pub. St. Mass. 1882, p. 1292; Simons v. McLain, 51 Kan. 153, 32 Pac. 919; Thornburg v. Wiggins, 135 Ind. 178, 34 N. E. 999, 22 L. R. A. 42, 41 Am. St. Rep. 422; Appeal of Lewis, 85 Mich. 340, 48 N. W. 580, 24 Am. St. Rep. 94; Redemptorist Fathers v. Lawler, 205 Pa. 24, 54 Atl. 487. A joint in terest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint ten ants. Civ. Code Cal. § 683.— Several tenan- * cy. A tenancy which is separate, and not held jointly with another person.—Tenancy at suf ferance. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only. It arises when a person, after his right to the oc cupation, under a lawful title, is at an end, con tinues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession re sides. 2 Bl. Comm. 150. In the broadest sense, one who holds or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will, or otherwise. COwell. In a more restricted sense, one who holds lands of another; one who has the tempo rary use and occupation of real property owned by another person, (called the "land lord,") the duration and terms of his ten ancy being usually fixed by an instrumeut called a "lease." See Becker v. Becker, 13 App. Div. 342, 43 N. Y. Supp. 17; Bowe v. Hunking, 135 Mass. 383, 46 Am. Rep. 471; Clift v. White, 12 N. Y. 527; Lightbody v. Truelsen, 39 Minn. 310, 40 N. W. 67; Wool sey v. State, 30 Tex. App. 347, 17 S. W. 546. The word "tenant" conveys a much more com prehensive idea in the language of the law than it does in its popular sense. In popular lan guage it is used more particularly as opposed to the word "landlord," and always seems to imply that the land or property is not the tenant's own, but belongs to some other person, of whom he immediately holds it. But, in the language of the law, every possessor of landed property is called a "tenant" with reference to such prop erty, and this, whether such landed property is absolutely his own, or whether he merely holds it under a lease for a certain number of years. Brown. In feudal law. One who holds of an other (called "lord" or "superior") by some service; as fealty or rent One who has actual possession of lands claimed in suit by another; the defendant in a real action. The correlative of "demand ant." 3 Bl. Comm. 180. Strictly speaking, a "tenant" is a person who holds land; but the term is also ap plied by analogy to personalty. Thus we speak of a person being tenant for life, Or tenant in common, of stock. Sweet —Joint tenants. Two or more persons to whom are granted lands or tenements to hold in TENANT.

the merits can be had. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 81.; Calvert v. State, 34 Neb. 616, 52 N. W. 687. A temporary receiver is one appointed to take charge of property un til a hearing is had and an gdjudication made. Boonville Nat Bank v. Blakey, 107 Fed. 895, 47 C. C. A. 43. A temporary stat ute is one limited in respect to its duration. People v. Wright, 70 111. 399. As to tem porary insanity, see INSANITY. Lat. In the time of. Thus, the volume called "Cases tempore Holt" is a collection of cases adjudged in the king's bench during the time of Lord Holt Wall. Rep. 398. In the civil law. A plea of time; a plea of lapse of time, in bar of an action. Corresponding to the plea of prescription, or the statute of limitations, in our law. See Mackeld. Rom. Law, § 213. In the civil and old English law. Time in general. A time lim ited; a season; e. g., tempus pessonis, mast time in the forest -Tempns continuum. In the civil law. A continuous or absolute period of time. A term which begins to run from a certain event, even though he for whom it runs has no knowledge of the event, and in which, when it has once begun to run, all the days are reckoned as they follow one another in the calendar. Dig. 3, 2, 8; Mackeld. Rom. Law, § 195.— Tempus semestre. In old English law. The period of six months or half a year, consisting of one hundred and eighty-two days. Cro. Jac. 166. —Tempus utile. In the civil law. A profit able or advantageous period of time. A term which begins to run from a certain event, only when he for whom it runs has obtained a knowl edge of the event, and in which, when it has once begun to run, those days are not reckoned on which one has no experiundi potestaa; i. e., on which one cannot prosecute his rights before a court. Dig. 3, 6, 6; Mackeld. Rom. Law, § 195. Tempus enim modus tollendi obliga tiones et actiones, quia tempus currit contra desides et sui juris contemptores. For time is a means of destroying obliga tions and actions, because time runs against the slothful and contemners of their own rights. Fleta, 1. 4, c. 5, § 12. TENANCY is the relation of a tenant to the land which he holds. Hence it signifies (1) the estate of a tenant, as in the expres sions "joint tenancy," "tenancy In common;" (2) the term or interest of a tenant for years or at will, as when we say that a lessee must remove his fixtures during his tenancy. Sweet. —General tenancy. A tenancy which is not fixed and made certain in point of duration by the agreement of the parties. Brown v. Bragg, "22 Ind. 122.— Joint tenancy. An estate in joint tenancy is an estate in fee-simple, fee-tail, for life, for years, or'at will, arising by pur TEMPORE. TEMFOBIS EXCEPTTO. La t TEMPUS. La t