Page:Black's Law Dictionary (Second Edition).djvu/872

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A person to whom the business of selling by auction was confined by statute. 2 H. B1. 557.

OUTSETTER. In Scotch law. Publisher. 3 How. State Tr. 603.

OUTSTANDING. ihnrged; unpaid; sl..indJng debt.

2. Existing as an adverse claim or preten-

sion; not united with, or merged in, the title or Lillilll of the party; as an outstanding titic. —ontsta.ndh1g term. A term in gross at law, WiJi(‘i.l. in equity, may be made attendant upon the inheiilnnce, either by express declaration or by implication.

1. Remaining undis- nncollected; as an out-

OUTSUCKEN MULTURES. In Scotch law. Oul;-town niuitures; uiuitures, duties, or tolls paid by persons voluntarily grindnig worn at any mill to which they are not mill- ell, or bound by tenure. 1 Forb. Inst. pt. 2. p. 140

OUVERTURE DES SUCCESSIONS. In Fiench law. The right of succession which nrises to one upon the death, whether iraturai or civil, or another.

OVE. EIJCC.

L. Fr. With. Modern French

OVELL. L. Fr. Equnt

OVELTY. In old English law. Equality.

OVER. ln conieynncing, the word "over" is nsed to denote a contingent Limitation intended to take effect on the fsiiure of a prior estate. Thus, in what is commonly caiied the "name and arms ciziuse" in a "LU or settlement there is generally a proviso that if the devisee thus to Colllilly with the condition the estate is to go to some one eise.

This is a limitation or gift over. Wats. Comp. Ba. 1110:‘ Sweet. OVER SEA. Beyond the sea; outside

the limits of the state or country. See Gus-

tin v. Briittie. i{i.i'by (Conn.) 300. See Ba- YOND Sm. OVERCYTED, or OVERCYHSED.

Proved giillty or convicted. Biount.

OVERDRAW. To draw upon a person or a bank, by bills or checks, to an amount in excess of the funds remaining to the draiver's credit with the drawee, or to an amount greater than what is due.

The teun 'n\'ei‘diaW" has a dc-finite and well- nndersinod meaning. Money is diimn from the bank by him "ho draws the check, not by him who reeeiies the money; and it is drawn upon ilie account of the individual by whose check it is drawn, though it he paid to and for the heneht of another. No one am dravi money from bank upon his own account, except by

804

0V ERRULE

means of his own check or draft, nor can he

err-rdraw his account with the bank in any

Zt_licr4§::nner. State v. Stimson. 24 N. J. Law. 4, '

OVERDUE. A negotiabie instrument or other evidence of debt is overdue when the day of its maturity is past and it remains unpaid. Caunp v. Scott, 14 Vt. 387 ; La Due v. First I\at. Bank, 31 Minn. 33, 16 l\'. W. 426. A vessei is said to be overdue wh she has not reached her destination at (be time when she might ordinariiy have been expected to arrive.

OVERHAUL. To inquire into; to re view; to disturb. "The merits of a judgment cnn never be a-verhnuled by an original suit." .2 H. B]. 414.

OVERHERNISSA. 1n Saxon law. Contnnincy or contempt of court. Leg. LEtl.Iel. (L 25.

OVERISSUE. To issue in excessive quantity; to issue in excess of fixed legal iiinits. Thus, "overissued stock" of a private curporation is capital stock issued in excess or the amount iimited and prescribed by the chaiter or L-ertificnte of iiiI:orp0r:1ti0iJ. See Hayden v. Charter Oak Driving Park. 63 Conn. 142, 27 Atl. 232.

OVERLIVE. To survive; to live longer than another. Finch. Law, b. 1, c. 3, no. .35; 1 Leon. 1

OVERPLUS. What is left beyond a certain amount; the residue; the remainder of ii thing. L; on v. Tunihies, 1 _\Iees. & W. 601:; Page v. Leapingwell, 18 Ves. 466.

OVERREACI-IING CLAUSE. in a resettlement, a clause which saves the powers of snie and ieasing anne.\ed to the estate for life created by the origiuai settlement, when it is desired to give the tenant for life the same esl ite and powers under the resettlement The (']lll.lSe is so called beuiuse it provides that the resettlenient shall be overreached by the exercise of the aid poweis. If the resettlement were executed without in provision to this efl"ect, the estate of the tenant for life and the annexed powers wonid be subject to any charges for portions. etc, crcateii under the originlii settlement. 3 Duv. Conv. 4895 Sweet

OVERRULE. To supersede; nniiul; re- ject by subsequent action or decision. A ju- dicial decision is s.iid to be overrnied when I iater decision, iendered by the same court or by a. superior court in the same system, expresses a judgment upon the same question of law directly opposite to that which was be fore given, thereby depriving the eariier opinion of all authority as a precedent. The term is not properly applied to conflicting decisions on the same point by cocrdtnate or independent tribunals.