LINEAGE. Properly speaking lineage is the relationship of persons in a
direct line; as the grandfather, the father, the son, the grandson, &c.
LINEAL. That which comes in a line. Lineal consanguinity is that which
subsists between persons, one of whom is descended in a direct line from the
other. Lineal descent, is that which takes place among lineal kindred.
LINEAL WARRANTY, old English law. A warranty by the heir, when he
derived title to the land warranted, either from or through, the ancestor who
made the warranty. See Warranty.
LIQUIDATED. That which is made clear, certain, and manifest; as,
liquidated damages, ascertained damages liquidated debt, an ascertained debt, as
to amount. A debt is liquidated when it is certain what is due, and how much is
due, cum certum est an et quantum debeatur; for although it may appear that
something is due, if it does not also appear how much is due, the debt is not
liquidated. An unliquidated claim is one which one of the parties to the
contract cannot alone render certain. 5 M. R. 11; 1 N. S. 130; 6 N S. 715; 6 N.
S. 10, 13 L. R. 275; 7 L. R. 134, 599. Such a claim cannot be set off. 2 Dall.
237; S. C. 1 Yeates' R. 571; 10 Serg. & Rawle, 14; see Poth. Ob. n. 628;
Dig. 50, 17, 24; Id. 42, 1, 64; Id. 1, 45, 112; Id. 46, 5, 11; Code, 7, 47. Dom.
Lois Civ. l. 4, t. 2, s. 2, n. 2; Arg. Inst. 1. 4, c. 7; 7 Toull. n. 369; 6 Duv.
Dr. Civ. Fr. n. 304.
LIQUIDATED DAMAGES. By this term is understood the fixed amount which
a party to an agreement promises to pay to the other, in case he shall not
fulfil some primary or principal engagement into which he has entered by the
same agreement it differs from a penalty. (q. v.) Vide Damages liquidated.
2. The damages will be considered as liquidated in the following cases: 1.
When the damages are uncertain, and not capable of being ascertained by any
satisfactory or known rule; whether the uncertainty lies in the nature of the
subject itself, or in the particular circunstances of the case. 2 T. R. 32 1
Ale. & N. 389; 2 Burr. 2225 10 Ves. 429; 7 Cowen, 307; 4 Wend. 468. 2. When,
from the nature of the case, and the tenor of the agreement, it is clear, that
the damages have been the subject of actual and fair calculation and ad-ustment
between the parties. 2 Greenl. Ev. §259; 2 Story, Eq. §1318; 3 C. & P. 240;
10 Mass. 450, 462; 6 Bro. P. C. 436; 3 Taunt. 473; 7 John. 72; 4 Mass. 433; 3
Conn. 58; 1 Bouv. Inst. n. 655, 765.
LIQUIDATION. A fixed and determinate valuation of things which before were
LIRA. The name of a foreign coin. In all computations at the custom
house, the lira of Sardinia shall be estimated at eighteen cents and six mills.
Act of March 22, 1846. The lira of the Lombardo-Venitian Kingdom, and the lira
of Tuscany, at sixteen cents. Act of March 22, 1846.
LIS. A suit; an action; a controversy in court; a dispute.
LIS MOTA. The cause of the suit or action. By this term is understood
the commencement of the controversy, and the beginning of the suit. 4 Campb. R.
417; 6 Carr. & P. 552, 561; 2 Russ. & My. 161; Greenl. Ev. §131,
LIS PENDENS. The pendancy of a suit; the time between which it is
instituted and finally decided.
2. It has been decided that the mere serving of a subpoena in chancery,
unless a bill be also filed, is not a sufficient lis pendens, but the bill being
filed, the lis pendens commences from the service of the subpoena, although that
may not be returnable till the following term 1 Vern. 318; and after a decree,
final in its nature, there remains no lis pendens. 1 Vern. 459.
3. It is a general rule, that Iis pendens is a general notice of an equity to
all the world. 3 Atk. 343; 2 P. Wms. 282; Amb. 676; 1 Vern. 286. Vide 2 Fonbl.
Eq. 152, note; 1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg. index, h.
t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. Rep.
93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. 462; 4
Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167, 170; 2 Edw. R. 115; 1 Hogan, R.
69; 6 Har. & John. 21; 2 Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617
Corn. Dig. Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R. 479; 7
Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560, 584; 14 Ohio, 109, 323.
4. When a defendant is arrested pending a former suit or action, in which he
was held to bail, he will not, in general, be held to bail, if the second suit
be for the same cause of action. Grah. Prac. 98; Troub. & Haly's Prac. 44; 4
Yeates' R. 206. But under special circumstances, he may be held to bail twice,
and of these circumstances the court will judge. 2 Miles, Rep. 99, 100, 142. See
14 John. R. 347. When such a second action is commenced, the first ought to be
discontinued and the costs paid; but, it seems, it is sufficient if they are
paid before the replication of nul tiel record to a plea of autre action
pendant. in the second suit. Grab. Pr. 98; and see 1 John. Cas. 397; 7 Taunt.
151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. 225; 1
Blackf. R. 53; Id. 315; Autre action pendent; Bail; Litigiosity.
LIST. A table of cases arranged for trial or argument; as, the trial
list, the argument list. See 3 Bouv. Inst. n. 3031.
LISTERS. This word is used in some of the states to designate the
persons appointed to make lists of taxables. See Verm. Rev. Stat. 538.
LITERAL CONTRACT, civil law. A contract, the whole of the evidence of
which is reduced to writing. This contract is perfected by the writing, and
binds the party who subscribed it, although he has received no consideration.
Leg. Elem. §887.
LITERARY PROPERTY. This name has been given to the right which authors
have in their works. This is secured to them by copyright. (q. v.) Vide 2 Bl.
Com. 405-6; 4 Vin. Ab. 278; Bac. Ab. Prorogation, F 5; 2 Kent, Com. 306 to 315;
1 Supp. to Ves. jr. 360, 376; 2 Id. 469; Nicklin on Literary Property; Dane's
Ab. Index, b. t.; 1 Chit. Pr. 98; 2 Amer. Jur. 248; 10 Amer. Jur. 62; 1 Law
Intell. 66; Curt. on Copyr. 11; 1 Bell's Com. B. 1, part 2, c. 4, s. 2, p. 115;
1 Bouv. Inst. n. 508, et seq. Vide Copyright.
LITIGANT. One engaged in a suit; one fond of litigation.
LITIGATION. A contest authorized by law, in a court of justice, for
the purpose of enforcing a right.
2. In order to prevent injustice, courts of equity will restrain a party from
further litigation, by a writ of injunction; for example, after two verdicts on
trials at bar, in favor of the plaintiff, a perpetual injunction was decreed.
Str. 404. And not only between two individuals will a court of equity grant this
relief, as in the above case of several ejectments, but also, when one
general-legal right, as a right of fishery, is claimed against several, distinct
persons, in which case there would be no end of bringing actions, since each
action would only bind the particular right in question, between the plaintiff
and defendant in such action, without deciding the general right claimed. 2 Atk.
484; 2 Ves. jr. 587. Vide Circuity of Actions.
LITIGI0SITY, Scottish law. The pendency of a suit; it is an implied
prohibition of alienation to the disappointment of an action, or of diligence,
the direct object of which is to obtain possession, or to acquire the property
of a particular subject. The effect of it is analogous to that of inhibition.
(q. v.) 2 Bell's Com. 152, 5th ed. Vide Lis Pendens.
LITIGIOUS. That which is the subject of a suit or action; that which
is contested in a court of justice. In another sense, litigious signifies a
disposition to sue; a fondness for litigation.
LTTIGIOUS RIGHTS, French law. Those which are or may be contested
either in whole or in part, whether an action has been commenced, or when there
is reason to apprehend one. Poth. Vente, n. 584; 9 Mart. R. 183; Troplong, De la
Vente, n. 984 a 1003; Civ. Code of Lo. art. 2623; Id. 3522, n. 22. Vide
LITIS CONTESTATIO, civil law. "Contestari." It is when each party to a
suit (uterque reus) says "Teste estote." It was therefore, so called, because
persons were called on by the parties to the suit "to bear witness," "to be
witnesses." It is supposed that this contestatio was the usual termination of
certain acts before the magistratus or in jure, of which the persons called to
be witnesses were at some future time to bear record before the judex, in
judicio. The Iis contestata, in the system of Justinian, consisted in the
statements made by. the parties to a suit before the magistrate respecting the
claim or demand, and the answer or defence to it. When this was done, the cause
was ready for hearing. Savig. Traite de Droit Romain, tom. vi. § cclviii.;
Smith, Dict. Gr. & Rom. Antiq. h. v. The contesting of the suit, or pleading
the general issue. Vide 2 Bro. Civ. and Adm. Law, 358.
LITISPENDENCE. The part of an action being depending and undetermined;
the time during which an action is pending. See Lis pendens.
LITRE. A French measure of capacity. It is of the size of a decimetre,
or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches. Vide
LIVERY, Engl. law. 1. The delivery of possession of lands to those
tenants who hold of the king in capite, or knight's service. 2. Livery was also
the name of a writ which lay for the heir of age, to obtain the possession of
seisin of his lands at the king's hands. F. N. B. 155. 3. It signifies, in the
third place, the clothes given by a nobleman or gentleman to his servant.
LIVERY OF SEISIN, estates. A delivery of possession of lands,
tenements, and hereditaments, unto one entitled to the same. This was a ceremony
used in the common law for the conveyance of real estate; and the livery was in
deed, which was performed by the feoffor and the feoffee going upon the land,
and the latter receiving it from the former; or in law, where the game was not
made on the land, but in sight of it. 2 Bl. Com. 315, 316.
2. In most of the states, livery of seisin is unnecessary, it having been
dispensed with either by express law or by usage. The recording of the deed has
the same effect. In Maryland, however, it seems that a deed cannot operate as a
feoffment, without livery of seisin. 5 Harr. & John. 158. Vide 4 Kent, Com.
381 2 Hill, Ab. c. 26, s. 4; 1 Misso. R. 553; 1 Pet. R. 508; 1 Bay's R. 107; 5
Har. & John. 158; Fairf. R. 318; Dane's Abridgment, h. t.; and the article
LIVRE TOURNOIS, com. law. A coin used in France before the revolution.
It is to be computed in the ad valorem duty on goods, &c., at eighteen and a
half cents. Act of March 2, 1798, s. 61, 1 Story's L. U. S. 626. Vide Foreign
LOADMANAGE, maritime law, contracts. The pay to loadsmen; that is,
persons who sail or row before ships, in barks or small vessels, with
instruments for towing the ship, and directing her course, in order that she may
escape the dangers in her way. Poth. Des Avaries, n. 147; Guidon de la Mer, ch.
14; Bac. Ab. Merchant and Merchandise, F.