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In Descriptions of Land, Whether in Stating the Course of a Boundary, E

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In Descriptions of Land, Whether in Stating the Course of a Boundary, E [386] E e. An abbreviation of "east" in descriptions of land, whether in stating the course of a boundary, e. g. "running e. 80 rods," or designating the fractional part of a section under the Congressional Survey, e. g. "the e. 1 / 2 of the NW quarter of Section 6.” In Latin, a preposition, the equivalent of "ex," meaning from, out of. E². An abbreviation of a fractional part of a section of land of 640 acres under the Congressional Survey, the figure whether 2, 4, 16, or whatever, indicating the fraction of the section designated, as 1 / 2, 1 /4, 1 / 16, etc. of a numbered section. For example, E² NW4 Sec 10 means 80 acres comprising the east half of the northwest quarter of section 10. Power v Bowdle, 3 ND 107, 54 NW 404. each. Every one of the two or more comprising the whole. Adams Express Co. v Lexington, 83 Ky 657, 660. Indicating generally, as it appears in a designation of beneficiaries in a will, a gift to individuals rather than to a class. 57 Am J1st Wills § 1265. Significant in the same connection as tending to show intent for distribution per capita. 57 Am J1st Wills § 1296. each accident. See per accident clause. each party. Every one of two or more parties. Appearing in a statute giving "each party" a designated number of peremptory challenges to a juror, the term, in a case involving plural parties, means each side, notwithstanding the parties on one side plead separately, at least where their interests are common and their pleadings are substantially identical. 31 Am J Rev ed Jury § 238. eadem causa. See in eadem causa. Eadem causa diversis rationibus coram judicibus ecclesiasticis et secularibus ventilatur. The same cause is argued with different reasons before both the ecclesiastical and the secular judges. Eadem est ratio, eadem est lex. The reason being the same, the law is the same. Follett v United States Mut. Acci. Asso. 110 NC 377, 14 SE 923. Eadem mens praesumitur regis quae est juris et quae esse debet, praesertim in dubiis. The king's mind is presumed to be in accord with law and as it should be, especially in doubtful matters. eadling. Same as atheling. Ea est accipienda interpretatio, quae vitio caret. That interpretation is to be accepted which is without fault. eagle. A United States gold coin of the value of ten dollars. Withdrawn from circulation, along with other gold coin, in 1933. ea intentione. With that intention. ealdor biscop. A chief bishop, an archbishop. ealehus. An alehouse. e. and o.e. An abbreviation of "errors and omissions excepted," often noted upon financial statements and accounts. Ea quae commendandi causa in venditionibus dicuntur si palam appareant venditorem non obligant. Those statements which are made in commendation at sales, if they appear openly, do not bind the seller. Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non adjectis habentur. Those things which it is not possible to give, or which in the nature of things have no existence, are not regarded as included (in the contract). Ea quae in curia nostra rite acta sunt debitae executioni demandari debent. Those things which are regularly done in our court should be committed to a due execution. Ea quae raro accidunt, non temere in agendis negotiis computantur. Those things which rarely happen are not to be taken into account in business transactions without sufficient reason. ear. The organ of hearing. Grains of corn and the cob to which they are affixed by nature. In a mechanical sense, a part projecting from the side of anything. Consolidated Vapor-Stove Co. v Elwood Gas-Stove & Stamping Co. (CC Pa) 63 F 698. earl. An English title of nobility below that of a marquis and above that of a viscount in rank. The custody of the shire is said to have been committed to an earl at the first division of the kingdom into counties, but later, by reason of their attendance on the king and other duties, the labor of the office was transferred to the vice-comes or sheriff, the earl, however, retaining the honor. See 1 Bl Comm 339. earldom. The jurisdiction, seigniory, or dignity of an earl. earles-penny. A piece of money given as an earnest to bind a bargain. earliest possible convenience. As a limitation upon a promise to pay, "earliest possible convenience" means payment when the promisor is able to pay, that is, has the means to pay. Halladay v Weeks, 127 Mich 363, 86 NW 799. earl marshal. The eighth great officer of state in England. At one time the earl marshal presided over the court of chivalry when it was held as a military court, or court of honor and when this court was held as a criminal court, it was presided over by the lord high constable jointly with the earl marshal. See 4 Bl Comm 268. earl palatine. Same as count palatine. earmark. Any mark or means by which a thing can be identified or distinguished from other things of the same sort. A slit made in one or both ears of cattle, sheep, or hogs, for their identification. earmark doctrine. The doctrine, now obsolete, that where a trustee or other fiduciary dies, the owner [387] of money which has been entrusted to the decedent shares as a general creditor in the assets of the decedent's estate, unless the money so held had an "earmark" and was thus distinguishable from the mass of the decedent's own property. Such doctrine appears to have given way to the modern principle that the owner can recover the money or its equivalent whenever it can be traced to the estate, no matter what form it may take. First Nat. Bank v Hummell, 14 Colo 259, 23 P 986. earn. To gain, obtain, or acquire as the reward of labor or performance of some service. Lewis' Estate, 156 Pa St 337, 340. earned premium. See premium earned. earned surplus. The surplus of a corporation derived from undistributed profits, not from a reduction of capital stock. Willcutts v Milton Dairy Co. 275 US 215, 72 L Ed 247. earnest. Another term for earnest money. earnest money. A downpayment of part of the purchase price made to bind the bargain. A part payment of the purchase price, within the meaning of the statute of frauds. Goddard v Monitor Mut. Fire Ins. Co. 108 Mass 54; 49 Am J1st Stat of F § 265. A downpayment or deposit required at an auction sale. 7 Am J2d Auct § 45. earning capacity. The power of a person or a business enterprise to earn money or show a profit; to earn money or show a profit in a particular sum. The power to create property from earnings. Local Loan Co. v Hunt, 292 US 234, 78 L Ed 1230, 54 S Ct 695. An element considered in measuring damages recoverable for a personal injury. 22 Am J2d Damg § 92. The best test of the value of a going commercial enterprise; a test to be employed in the valuation of a corporation for the purpose of reorganization under the Chapter X of the Bankruptcy Act. For such purpose, –earning capacity" means normal capacity rather than an abnormal capacity consequent upon business conditions which cannot reasonably be expected to continue. 9 Am J2d Bankr § 1591. A person may have an earning capacity, even though not employed at any labor or occupation at the particular time in question. 22 Am J2d Damg § 89. earning power. Same as earning capacity. earnings. In a pristine sense, the gains of a person from his services or labor, without the aid of capital. 22 Am J2d Damg § 89; 31 Am J2d Exemp § 39. In the modern sense and development of the term, it includes profits from the employment of capital, as illustrated by the earnings of a corporation. 19 Am J2d Corp § 823. The term is equivalent to "income" where used in the limitation of a life estate and a remainder in connection with a provision for the disposition of extraordinary dividends and distributions as between life tenant and remainderman. 33 Am J1st Life Est § 378. See future earnings; net earnings; personal earnings; surplus earnings. earnings and profits. Wages of labor and income from business. 27 Am J1st H & W § 466. See earnings; profits. earth. The planet on which we live; the world. Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. Dickinson v Poughkeepsie, 75 NY 65, 76. earthquake. A movement of the crust of the earth due to faults in the structure or rock or pressure originating in the interior of the earth; an act of God. 1 Am J2d Act of God § 6; a casualty for the purpose of deducting losses for income tax purposes. Anno: 41 ALR2d 711-713. ear-witness. A witness who gives hearsay testimony. ease. Comfort, contentment, enjoyment, happiness, pleasure and satisfaction. National Surety Co. v Jarett, 95 W Va 420, 121 SE 291 easement. A servitude imposed as a burden on land. The right which one person has to use the land of another for a specific purpose not inconsistent with a general property in the owner and not including the right to participate in the profits of the soil charged with it. Precisely, a liberty, privilege, or advantage in land without profit, existing distinct from the ownership of the soil. 25 Am J2d Ease § 1. easement appendant. Same as easement appurtenant. See affirmative easement; apparent easement; continuous easement; discontinuous easement; dominant tenement; license; lost grant; necessary easement; negative easement; praedial servitude; praedium dominans; praedium serviens; prescriptive easement; public easement; quasi easement; secondary easement; servient tenement; urban easements; way of necessity.
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