英文法律词典 L-80

LINE, measures. A line is a lineal measure containing the one twelfth part of a on inch.

LINE, estates. The division between two estates. Limit; border; boudary.

2. When a line is mentioned in a deed as ending at a particular monument, (q. v.) it is to be extended in the direction called for, without regard to distance, until it reach the boundary. 1 Taylor, 110, 303 2 Hawks¹, 219; 3 Hawks, 21; 2 Taylor, 1. And a marked line is to be adhered to although it depart from the course. 7 Wheat. 7; 2 Overt². 304; 3 Call, 239; 7 Monr. 333; 2 Bibb, 261; 4 Bibb, 503; 4 Monr. 29; see further, 2 Dana, 2; 6 Wend. 467; 1 Bibb, 466; 1 Marsh³. 382; 3 Marsh. 382; 3 Murph. 82; 13 Pick. 145; 13 Wend. 300; 5 J. J. Marsh. 587.

3. Where a number of persons settle simultaneously⁴ or at short intervals⁵ in the same neighborhood, and their tracts⁶, if extended in certain directions, would overlap⁷ each other, the settlers sometimes by agreement determine upon dividing lines, which are called consentible lines. These lines, when fairly agreed upon, have been sanctioned by the courts; and such agreements are conclusive⁸ upon all persons claiming under the parties to them with notice, but not upon bona fide purchasers for a valuable consideration without notice, actual or constructive⁹. 5 S. & R. 273; 9 W. & S. 66; 3 S & R. 323; 5 Binn. 129; 10 Watts¹⁰, 324; 17 S. &. R. 57; Jones, L. 0. T.

4. Lines fixed¹¹ by compact between nations are binding¹² on their citizens and subjects. 11 Pet. 209; 1 Overt. 269; 1 Ves. sen., Rep. 450; 1 Atk. R. 2; 1 Ch. Cas. 85; 1 P. Wms. 723727; 2 Atk. R. 592; 1 Vern. 48; 1 Ves. 19; 2 Ves. 284; 3 S. & R. 331.

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 consanguinity¹³ is that which subsists¹⁴ between persons, one of whom is descended¹⁵ in a direct line from the other. Lineal descent, is that which takes place among lineal kindred.

LINEAL WARRANTY¹⁶, old English law. A warranty by the heir, when he derived¹⁷ title to the land warranted, either from or through, the ancestor who made the warranty. See Warranty.

LIQUIDATED¹⁸. That which is made clear, certain, and manifest; as, liquidated damages, ascertained¹⁹ 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 uncertainty²⁰ 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 tenor²¹ 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 Taunt²². 473; 7 John. 72; 4 Mass. 433; 3 Conn. 58; 1 Bouv. Inst. n. 655, 765.

LIQUIDATION²³. A fixed and determinate valuation of things which before were uncertain.