In mining law. The right of the owner of a mining claim duly located on the public domain to follow, and mine, any vein or lode the apex of which lies within the boundaries of his location on the surface, notwithstanding the course of the vein on its dip or downward direction may so far depart from the perpendicular as to extend beyond the planes which would be formed by the … [Read more...]
EXTRINSIC
Outside or foreign, such as extrinsic evidence. Foreign; from outside sources; dehors. As to extrinsic evidence, see EVIDENCE. … [Read more...]
EXTRANEUS
In old English law. One foreign born; a foreigner. 7 Coke, 16. In Roman law. An heir not born in the family of the testator. Those of a foreign state. The same as alienus. Vicat; Du Cange. Extraneus est subditus qui extra terrain, i.e., potestatem regis natus est. 7 Coke, 16. A foreigner is a subject who is born out of the territory, i.e., government of the king. … [Read more...]
EXTRINSIC EVIDENCE
External evidence, or that which is not contained in the body of an agreement, contract, and the like. 2. It is a general rule that extrinsic evidence cannot be admitted to contradict, explain, vary or change the terms of a contract or of a will, except in a latent ambiguity, or to rebut a resulting trust. 3. Typically refers to evidence surrounding the interpretation of a … [Read more...]
EXTRAORDINARY
Out of the ordinary; exceeding the usual, average, or normal measure or degree. Extraordinary average. A contribution by all the parties concerned in a mercantile voyage, either as to the vessel or cargo, toward a loss sustained by some of the parties in interest for the benefit of all. Wilson v. Cross, 33 Cal. 69. Extraordinary care is synonymous with greatest care, utmost … [Read more...]