KFLCC Kingdom Law 2nd Ed.

218

COLOR OF TITLE

COMES

595, 37 L. Ed. 459; Saltmarsh v. Crommelin, 24 Ala. 352. "Color of title is anything in writing purport ing to convey title to the land, which defines the extent of the claim, it being immaterial how de fective or imperfect the writing may be, so that it is a sign, semblance, or color of title." Veal v. Robinson, 70 Ga. 809. Color of title is that which the law con siders prima facie a good title, but which, by reason of some defect, not appearing on its face, does not in fact amount to title. An absolute nullity, as a void deed, judgment, etc., will not constitute color of title. Bernal v. Gleim, 33 Cal. 668. "Any instrument having a grantor and gran tee, and containing a description of the lands in tended to be conveyed, and apt words for their conveyance, gives color of title to the lands de scribed. Such an instrument purports to be a conveyance of the title, and because it does not, for some reason, have that effect, it passes only color or the semblance of a title." Brooks v. Bruyn, 35 111. 392. It is not synonymous with "claim of title." To the former, a paper title is requisite; but the latter may exist wholly in parol. Hamilton v. Wright, 30 Iowa, 480. COLORABLE. That which has or gives color. That which Is in appearance only, and not In reality, what it purports to be. —Colorable alteration. One which makes no real OP substantial change, but is introduced only as a subterfuge or means of evading the patent or copyright law.—Colorable imita tion. In the law of trade-marks, this phrase denotes such a close or ingenious imitation as to be calculated to deceive ordinary persons.— Colorable pleading. The practice of giving color in pleading. COLORED. By common usage in Amer ica, this term, in such phrases as "colored persons," "the colored race," "colored men," and the like, is used to designate negroes or persons of the African race, including all persons of mixed blood descended from negro ancestry. Van Camp v. Board of Education, 9 Ohio St. 411; U. S. v. La Coste, 26 Fed. Cas. 829; Jones v. Com., 80 Va. 542; Heirn v. Bridault, 37 Miss. 222; State v. Chavers, 50 N. O. 15; Johnson v. Norwich, 29 Conn. 407. COLPICES. Young poles, which, being cut down, are made levers or lifters. Blount COLPINDACH. In old Scotch law. A young beast or cow, of the age of one or two years; in later times called a "cowdash." COLT. An animal of the horse species, whether male or female, not more than four years old. Mallory v. Berry, 16 Kan. 295; Pullen v. State, 11 Tex. App. 91. COM. An abbreviation for "company," exactly equivalent to "Co." Keith v. Sturges, 51 111. 142. In old English law. Fellow-barons; fellow-citizens. The citizens COLORE OFFICII. Lat By color of office. COMBARONES.

or freemen of the Cinque Ports being ancient ly called "barons;" the term "combarones" is used in this sense in a grant of Henry III. to the barons of the port of Fevresham. Cowell. COMBAT. A forcible encounter between two or more persons; a battle; a duel. Trial by battle. —Mutual combat is one into which both the parties enter voluntarily; it implies a common intent to fight, but not necessarily an exchange of blows. Aldrige v. 'State, 59 Miss. 250; Tate r. State, 46 Ga. 158. COMBATERRJ1. A valley or piece of low ground between two hills. Kennett, Gloss. COMBINATION. A conspiracy, or con federation of men for unlawful or violent deeds. A union of different elements. A patent may be taken out for a new combination of existing machines. Stevenson Co. v. McFas sell, 90 Fed. 707, 33 C. C. A. 249; Moore v. Schaw (C. C.) 118 Fed. 602. —Combination in restraint of trade. A trust, pool, or other association of two or more individuals or corporations having for its object to monopolize the manufacture or traffic in a particular commodity, to regulate or control the output, restrict the sale, establish and maintain the price, stifle or exclude compe tition, or otherwise to interfere with .the normal course of trade under conditions t)f free compe tition. Northern Securities Co. v. U. S., 193 U. S. 197, 24 Sup. Ct. 436, 48 L. Ed. 679; U. S. v. Knight Co., 156 U. S. 1, 15 Sup. Ct 249, 39 L. Ed. 325; Texas Brewing Co. v. Templeman, 90 Tex. 277, 38 S. W. 27; U. S. v. Patterson (C. C.) 55 Fed. 605; State v. Con tinental Tobacco Co., 177 Mo. 1, 75 S. W. 737. COMBUSTIO. Burning. In old English law. The punishment inflicted upon apos tates. —Combustio domorum. Housebuming; ar son. 4 Bl. Gomm. 272.—Combustio pecuniae. Burning of money; the ancient method of test ing mixed and corrupt money, paid into the ex chequer, by melting it down. COME. To present oneself; to appear in court In modern practice, though such pres ence may be constructive only, the word Is still used to indicate participation in the proceedings. Thus, a pleading may begin, "Now comes the defendant," etc. In case of a default, the technical language of the record is that the party "comes ngt but makes default" Horner v. O'Laughlin, 29 Md. 472. A word used in a pleading to indicate the defendant's presence in court See COME. COMES, v. COMBE. A small or narrow valley.

COMES, n.

Lat A follower or attend

ant; a count or earL