KFLCC Kingdom Law 2nd Ed.

350

DELIVERY

DEMESNE

possession of the thing sold to thevendee or his servants or special agents who are identified with him in law and represent him. Construc tive delivery is a general term, comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law, equiv alent to acts of real delivery. In this sense constructive delivery includes symbolic deliv ery and all those iraditiones fictce which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of hen and stoppage in transitu, such as marking and setting apart the goods as be longing to the vendee, charging him with ware house rent, etc. Bolin v. HufEnagle, 1 Rawle (Pa.) 19. A constructive delivery of personal ty takes place when the goods are set apart and notice given to the person to whom they are to be delivered (The Titania, 131 Fed. 229, 65 C. O. A. 215), or when, without actual trans fer of the goods or their symbol, the conduct of the parties is such as to be inconsistent with any othefc supposition than that there has been a change in the nature of the holding. Swaf ford v. Spratt, 93 Mo. App. 631,67 S. W. 701; Holliday v. White, 33 Tex. 459. Symbolical delivery. The constructive de livery of the subject-matter of a sale, where it is cumbersome or inaccessible, by the actual de livery of some article which is conventionally accepted as the symbol or representative of it, or which renders access to it possible, or which is the evidence of the purchaser's title to it; as the key of a warehouse, or a bill of lading of goods on shipboard. Winslow v. Fletcher, 53 Conn. 390, 4 Atl. 250; Miller v. Lacey, 7 Houst. (Del.) 8, 30 Atl. 640. —Delivery bond. A bond given upon the sei zure of goods (as under the revenue laws) con ditioned for their restoration to the defendant, or the payment of their value, if so adjudged. —Delivery order. An order addressed, in England, by the owner of goods to a person hold ing them on his behalf, requesting him to de liver them to a person named in the order. De livery orders are chiefly used in the case of goods held by dock companies, wharfingers, etc. In medical jurisprudence. An insane delusion is an unreasoning and in corrigible belief in the existence of facts which are either impossible absolutely, or, at least, impossible under the circumstances of the in dividual. It is never the result of reasoning and reflection; it is not generated by them, and it cannot be dispelled by them; and hence it is not to be confounded with an opinion, however fantastic the latter may be. Guiteau's Case (D.C.) 10 Fed. 170. See I N - SANITY. DELUSION.

word except "claim." Co. LItt 291; In re Denny, 2 Hill (N.Y.) 220. Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, ex ecutions, appeals, rents of all kinds, covenants, annuities, contracts, recognizances, statutes, commons, etc. A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. Ved der v. Vedder, 1 Denio (N. Y.) 257. Demand is more comprehensive in import than "debt" or "duty." Sands v. Codwise, 4 Johns. (N. Y.) 536, 4 Am. Dec. 305. Demand, or claim, is properly used in refer ence to a cause of action. Saddlesvene v. Arms, 32 How. Prac. (N. Y.) 280. An imperative request preferred by one person to another, under a claim of right, re quiring thelatter to do or yield something or to abstain from some act. —Demand in reconvention. A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. Equivalent to a "counterclaim" elsewhere. McLeod v. Bert schey, 33 Wis. 177, 14 Am. Rep. 755.—Legal demand. A demand properly made, as to form, time, and place, by a person lawfully au thorized. Foss v. Norris, 70 Me. 118.—On demand. A promissory note payable "on de mand" is a present debt, and is payable with out any actual demand, or, if a demand is nec essary, the bringing of a suit is enough. Ap peal of Andress, 99 Pa. 424.—Personal de mand. A demand for payment of a bill or note, made upon the drawer, acceptor, or mak er, in person. See 1 Daniel, Neg. Inst, f 589. In Spanish law. The peti tion of a plaintiff, setting forth his demand. Las Partidas, p t 3, tit. 10,1. 3. DEMANDA.

DEMANDANT.

The plaintiff or party

suing in a real action. Co.Litt. 127. DEMANDBESS.

A female demandant

DEMEASE.

In old English law. Death.

DEMEMBRATION. In Scotch law. Maliciously cutting off or otherwise separat ing one limb from another. 1 Hume, 323; Bell. DEMENS. One whose mental faculties are enfeebled; one who has lost his mind; distinguishable from amens, one totally in sane. 4 Coke, 128. DEMENTED. Of unsound mind.

DEM.

An abbreviation for "demise;" e.

Doe, on the demise of

g., Doe dem. Smith,

Smith.

DEMENTENANT EN AVANT. From this time forward. Kelham.

L. Fr.

DEMAIN.

See DEMESNE.

DEMENTIA.

See INSANITY.

DEMAND, v. In practice. To claim as one's due; to require; to ask relief. To summon; to call in court "Although sol emnly demanded, comes not, but makes de fault." DEMAND, n. A claim; the assertion of a legal right; a legal obligation asserted in the courts. "Demand" is a word of art of an ex tent greater in itssignification than any other

DEMESNE. Domain; dominical; held in one's own right'and not of a superior; not allotted to tenants. In the language of pleading, own; prop er ; original. Thus, son assault demesne, his own assault his assault originally or in the

first place. —Ancient

demesne, see ANCISNT.—De mesne as of fee. A man is said to be seised