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SEPARATE

Individual; distinct; particular ; disconnected. Generally used in law as opposed to “joint,” though the more usual antithesis of the latter term is “several.” Either of these words implies division, distribution, disconnection, or aloofness. See Merrill v. Pepperdine, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 Mich. 104. Separate action. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complainants who are all concerned in the same transaction, but cannot legally join in the suit Separate demise in ejectment. A demise in a declaration in ejectment used to be termed a “separate demise” when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a “joint demise.” No such demise, either separate or joint, is now necessary in this action. Brown.-Separate estate. The individual property of one of two persons who stand in a social or business relation, as distinguished from that which they own jointly or are jointly interested in. Thus, “separate estate,” within the meaning of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of Ue partners, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,564. The separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may consist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,369. Separate maintenance. An allowance made to a woman by her husband on their agreement to live separately. This must not be confused with “alimony,” which is judicially awarded upon granting a divorce. See Mitchell v. Mitchell, 31 Colo. 209, 72 Pac. 1054. Separate trial. The separate and individual trial of each of several persons jointly accused of a crime. As to separate “Acknowledgment,” “Covenant,” and “Examination,” see those titles.

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