KFLCC Kingdom Law 2nd Ed.

298

CREDITOR

CREW

debtor hag his domicile or his property.—Gen eral creditor. A creditor at large (swpra), or one who has no lien or security for the payment of his debt or claim. King v. Fraser, 23 S. C. 543, Wolcott v. Ashenfelter, 5 N. M. 442, 23 Pac. 7S0, 8 L. R A. 691.—Joint creditors. Persons jointly entitled to require satisfaction of the same debt or demand.—Judgment creditor. One who has obtained a judgment against his debtor, under which he can enforce execution. King v. Fraser, 23 S. C. 548: Baxter v. Moses, 77 Me. 465, 1 Atl. 350, 52 Am. Rep. 783; Code Civ. Proc. N. T. 1899, § 3343—Junior creditor. One whose claim or demand accrued at a date later than that of a claim or demand held by another creditor, who is called correlatively the "senior" creditor. —Lien creditor. See LIEN.—Preferred creditor. See PREFERRED.—Principal cred itor. One whose claim or demand very great ly exceeds the claims of all other creditors in amount is sometimes so called. See In re Sul livan's Estate, 25 Wash. 430, 65 Pac. 793.— Secured creditor. See SECURED.—Subse quent creditor. One whose claim or demand accrued or came into existence after a given fact or transaction, such as the recording of a deed or mortgage or the execution of a volun tary conveyance McGhee v. Wells, 57 S. C. 280, 35 S. E. 529, 76 Am. St. Rep. 567; Evans v. Lewis, 30 Ohio St. 14.—Warrant creditor. A creditor of a municipal corporation to whom is given a municipal warrant for the amount of his claim, because there are no funds in hand to pay it. Johnson v. New Orleans, 46 La Ann. 714, 15 South. 100. CREDITORS' BlXIi. In English prac tice. A bill in equity, filed by one or more creditors, for an account of the assets of a decedent, and a legal settlement and dis tribution of his estate among themselves and such other creditors as may come in under the decree. In American practice. A proceeding to enforce the security of a judgment creditor against the property or interests of his debt or. This action proceeds upon the theory that the judgment is in the nature of a lien, such as may be enforced in equity. Hudson v. Wood (C. C.) 119 Fed. 775; Fink v. Pat terson (C. C.) 21 Fed. 602; Gould v. Tor rance, 19 How. Prac. (N. Y.) 560; McCart ney v. Bostwlck, 32 N. Y. 57. A creditors' bill, strictly, is a bill by which a creditor seeks to satisfy his debt out of some equitable estate of the defend ant, which is not liable to levy and sale under an execution at law. But there is another sort qf a creditors' bill, very nearly allied to the former, by means of which a party seeks to remove a fraudulent convey ance out of the way of his execution. But a naked bill to set aside a fraudulent deed, which seeks no discovery of any property, chose in action, or other thing alleged to belong to the defendant, and which ought to be subjected to the payment of the judgment, is not a creditors' bill. Newman v. Willetts, 52 111. 98. Creditorum appellatione non hi tan tum accipiuntur qui pecuniam credider unt, sed omnes quibus ex qualibet causa debetur. Under the head of "creditors" are . included, not alone those who have lent mon

ey, but all to whom from any cause a debt is owing. Dig. 50, 16, 11. CREDITRIX. A female creditor. CREEK. In maritime law. Such little Inlets of the sea, whether within the precinct or extent of a port or without, as are narrow passages, and have shore on either side of them. Call. Sew. 56. A small stream less than a river. Baker v. City of Boston, 12 Pick. 184, 22 Am. Dec. 421. The term imports a recess, cove, bay, or inlet in the shore of a river, and not a sepa rate or independent stream; though it is sometimes used in the latter meaning. Schermerhorn v. Railroad Co., 38 N. Y. 103. CBEMENTUM COMITATES. The in crease of a county. The sheriffs of counties anciently answered in their accounts for the improvement of the king's rents, above the viscontiel rents, under this title. CREPARE OCULUM. In Saxon law. To put out an eye; which had a pecuniary punishment of fifty shillings annexed to it CREPUSCULUM. Twilight In the law of burglary, this term means the presence of sufficient light to discern the face of a man; such light as exists immediately before the rising of the sun or directly after its setting. Crescente malitia crescere debet et poena. 2 Inst. 479. Vice increasing, pun ishment ought also to increase. CREST. A term used in heraldry; it sig nifies the devices set over a coat of arms. CRETINISM. In medical jurisprudence. A form of imperfect or arrested mental de velopment which may amount to idiocy, with physical degeneracy or deformity or lack of development; endemic in Switzerland and some other parts of Europe, but the term is applied to similar states occurring else where. CRETINTTS. In old records. A sudden stream or torrent; a rising or inundation. CRETIO. Lat In the civil law. A cer tain number of days allowed an heir to de liberate whether he would take the inherit ance or not Calvin. CREW. The aggregate of seamen who man a ship or vessel, including the master and officers; or it may mean the ship's com pany, exclusive of the master, or exclusive of the master and all other officers. See U. S. v. Winn, 3 Sumn. 209, 28 Fed. Cas. 733: Millaudon v. Martin, 6 Rob. (La.) 540; U. S. v. Huff (C. C.) 13 Fed. 630. —Crew list. In maritime law. A list of the crew of a vessel; one of a ship's papers. This instrument is required by act of congress, and