LIE

(1) That which is proper, is fit; as, an action on the case lies for an injury committed without force; corporeal hereditaments lie in livery, that is, they pass by livery; incorporeal hereditaments lie in grant, that is, pass by the force of the grant, and without any livery. Vide Lying in grant. (2) To subsist; to exist; to be sustainable; to be proper or available. Thus the phrase “an action will not lie” means that an action cannot be sustained, or that there is no ground upon which to found the action. Lie in franchise. Property is said to “lie in franchise” when it is of such a nature that the persons entitled thereto may seize it without the aid of a court; e.g., wrecks, waifs, estrays. Lie in grant. Incorporeal hereditaments are said to “lie in grant;” that is, they pass by force of the grant (deed or charter) without livery. Lie in livery. A term applied to corporeal hereditaments, freeholds, etc., signifying that they pass by livery, not by the mere force of the grant. Lie in wait. See Lying in Wait.