KFLCC Kingdom Law 2nd Ed.

342

DEED

DEFAULT

DEER-HAYES. Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11. To mar or destroy the face (that is, the physical appearance of written or inscribed characters as expressive of a definite meaning) of a written instrument, signature, inscription, etc., by obliteration, erasure, cancellation, or superinscription, so as to render it illegible or unrecognizable. Linney v. State, 6 Tex. 1, 55 Am. Dec. 756. See CANCEL. The act of a defaulter; misappropriation of trust funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. In re Butts (D. C.) 120 Fed. 970; Crawford v. Burke, 201 111. 581, 66 N. E. 83a Also set-off. The diminution of a debt or claim by deducting from it a smaller claim held by the debtor or payor. Iron Works v. Cuppey, 41 Iowa, 104; Houk v. Foley, 2 Pen. & W. (Pa.) 250; McDonald y. Lee, 12 La. 435. To set off one claim against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co., 57 N. J. Eq. 79, 40 Atl. 193; Pepper v. War ren, 2 Marv. (Del.) 225, 43 Atl. 91. This verb corresponds only to the second meaning of "defalcation" as given above; a public officer or trustee who misappropriates or embezzles funds in his hands is not said to "defalk." The taking from one's reputation. The offense of injuring a per son's character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. Printing Co. v. Moulden, 15 Tex. Civ. App. 574, 41 S. W. 381; Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, 8 L. R. A. 214, 18 Am. St. Rep. 810; Hollenbeck v. Hall, 103.Iowa, 214, 72 N. W. 518, 39 L. R. A. 734, 64 Am. St. Rep. 175; Mosnat v. Snyder, 105 Iowa, 500, 75 N. W. 356. DEFACE. DEFALCATION. DEFALK. DEFAMATION. 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, 245, 1 N. Y. Supp. 623; Mason v. Aldrich, 36 Minn. 283, 30 N. W. 884. In practice. Omission; neglect or fail ure. When a defendant in an action at law omits to plead within the time allowed him for that purpose, or fails to appear on the trial, he is said to make default, and the judg ment entered in the former case is technical ly called a "judgment by default" 3 BL DEFAMES. L. Fr. Infamous. Britt. c 15.

parts, between two or more parties, and dis tinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner. This was formerly done at the top or side, in a line re sembling the teeth of a saw; a formality de rived from the ancient practice of dividing chiro graphs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl. Comm. 295, 296; Litt. § 370; Smith, Cont. 12.—Deed of covenant. Covenants are sometimes enter ed into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case. —Deed of release. One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner. See Swain v. McMillan, 30 Mont. 433, 76 Pac 943.—Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whit ney, 15 Misc. Rep. 72, 36 N. Y. Supp. 891.— Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Bank v. Pierce, 144 Gal. 434, 77 Pac. 1012. See TRUST DEED.—Deed poll. In convey ancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was dis tinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U. S. 464, 7 Sup. Ct. 620, 30 L. Ed. 748.—Deed to declare uses. A deed made after a fine or common recovery, to show the object there of.—Deed to lead uses. A deed made before a fine or common recovery, to show the object thereof. As to "Quitclaim" deed, "Tax Deed," "Trust Deed," and "Warranty" deed, see those titles. adjudge; condemn. Cory v. Spencer, 67 Kan. 648, 73 Pac. 920, 63 L. R. A. 275; Blaufus v. People, 69 N. Y. Ill, 25 Am. Rep. 148; U. S. v. Doher ty (D. C.) 27 Fed. 730; Leonard v. Grant (C. C.) 5 Fed. 11. When, by statute, certain acts are "deemed" to be a crime of a particular na ture, they are such crime, and not a semblance of it, nor a mere fanciful approximation to or designation of the offense. Com. v. Pratt, 132 Mass. 247. Judges In the Isle of Man, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two in number. Spelman. DEEM. To hold; consider; DEEMSTERS.

DEER-FALD. A park or fold for deer.