KFLCC Kingdom Law 2nd Ed.

57

ALIAS

ALIENATION

ALIENABLE. Proper to be the subject of alienation or transfer.

pleading or other paper indicates that the same person is known by both those names. A ficti tious name assumed by a person is colloquially termed an "alias." Ferguson v. State, 134 Ala. 63, 32 South. 760, 92 Am. St. Rep. 17; Turns v. Com., 6 Mete. (Mass.) 235; Kennedy v. People, 1 Cow. Or. Rep. (N. Y.) 119.— Alias writ. An okas writ is a second writ issued in the same cause, where a former writ of the same kind had been issued without effect In such case, the language of the second writ is, "We command you, as we have before [sictU alias] commanded you," etc. Roberts v. Church, 17 Conn. 142; Farris v. Walter, 2 Colo. App. 450, 31 Pac. 231. Else where; in another place. A term used to ex press that mode of defense to a criminal prosecution, where the party accused, in or der to prove that he could not have commit ted the crime with which he is charged, of fers evidence to show that he was in another place at the time; which is termed setting up an alibi. State v. McGarry, 111 Iowa, 709, 83 N. W. 718; State v. Child, 40 Kan. 482, 20 Pac. 275; State v. Powers, 72 Vt. 168, 47 Atl. 830; Peyton v. State, 54 Neb. 188, 74 N. W. 597. ALIEN, n. A foreigner; one born abroad; a person resident in one country, but owing allegiance to another. In England, one born out of the allegiance of the king. In the United States, one born out of the jurisdic tion of the United States, and who has not been naturalized under their constitution and laws. 2 Kent, Comm. 50; Ex parte Dawson, 3 Bradf. Sur. (N. Y.) 136; Lynch T. Clarke, 1 Sandf. Ch. (N. Y) 668; Lyons v. State, 67 Cal. 380, 7 Pac. 763. —Alien amy. In international law. Alien friend. An alien who is the subject or citizen of a foreign government at peace with our own. —Alien and sedition laws. Acts of con gress of July 6 and July 14. 1798. See Whart. State Tr. 22.— Alien enemy. In international law. An alien who is the subject or citizen of some hostile state or power. See Dyer, 26; Co. Litt. 1296. A person who, by reason of owing a permanent or temporary allegiance to a hostile power, becomes, in time of war, impress ed with the character of an enemy, and, as such, is disabled from suing in the courts of the adverse belligerent. See 1 Kent, Comm 74; 2 Id. 63; Bell v. Chapman, 10 Johns. (N. Y.) 383: Dorsey v. Brigham, 177 111 250, 52 N. E. 3m, 42 L. R. A. 809, 69 Am. St. Rep 228. — Alien friend. The subject of a nation with which we a re at peace ; an alien amy. — Alien nee. A man born an alien. To transfer or make over to another; to convey or transfer the property of a thing from one person to another; to alienate. Usually applied to the transfer of lands and tenements. Co. Litt 118; Cowell. Aliena negotia ezaeto officio gerun tnr. The business of another is to be con ducted with particular attention. Jones, Bailm. 83; First Nat Bank of Carlisle T. Graham, 79 Pa. 118, 21 Am. Rep. 49. ALIBI. Lat. In criminal law. ALIEN OP ALIENE. v.

ALIENAGE.

The condition or state of

an alien.

ALIENATE.

To convey; to transfer the

title to property. Co. Litt. 1186. Alien is very commonly used in the same sense. 1 Washb. Real Prop. 53. "SelL alienate, and dispone" are the form al words of transfer in Scotch conveyances of heritable property. Bell. "The term alienate has a technical legal mean ing, and any transfer of real estate, short of a conveyance of the title, is not an alienation of the estate. No matter in what form the sale may be made, unless the title is conveyed to the purchaser, the estate is not alienated." Masters v. Insurance Co., 11 Barb. (N. Y.) 630. Alienatio licet prohibeatux, consensu tamen omnium, in quorum favorem pro hibita est, potest fieri, et quilibet potest renunciare juri pro se introducto. Al though alienation be prohibited, yet, by the consent of all in whose favor it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favor. Co. Litt. 98. Alienatio rei prsefertur juri accres cendi. Alienation is favored by the law rather than accumulation. Co. Litt. 185. In real property law. The transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley. It is particularly applied to absolute con veyances of real property. Conover v. Mu tual Ins. Co., 1 N. Y. 290, 294. The act by which the title to real estate Is voluntarily resigned by one person to an other and accepted by the latter, in the forms prescribed by law. The voluntary and complete transfer from one person to another, involving the com plete and absolute exclusion, out of him who alienates, of any remaining interest or par ticle of interest, in the thing transmitted; the complete transfer of the property and possession of lands, tenements, or other things to another. Orrell v. Bay Mfg. Co., 83 Miss. 800, 36 South. 561, 70 L. R. A. 881; Burbank v. Insurance Co., 24 N. H. 558, 57 Am. Dec. 300; United States v. Schurz, 102 U. S 378, 26 L. Ed. 167; Vining v. Willis, 40 Kan. 609, 20 Pac. 232. In medical jurisprudence. A generic term denoting the different kinds or forms of mental aberration or derangement. —Alienation office. In English practice. An office for the recovery of fines levied upon writs of covenant and entries. Alienation pending a suit is void. 2 P. Wms. 482; 2 Atk. 174; 3 Atk. 392; 11 Ves. 194; Murray v. Ballow, 1 Johns. Ch. (N. Y.) 566, 580. ALIENATION.