NOUN. 



NOUN. 



990 



the conveyance is made had not at the time of such conveyance notic 6 

 of any prior act of bankruptcy committed by the bankrupt. 



Where facts are proved to be known to a man which are sufficient 

 to make him inquire further, he is considered to know all that he 

 might have known if he had made inquiry. For instance, if a man 

 buys an estate which is in the possession of a tenant, notice of such 

 possession is notice of any lease or other interest which the tenant may 

 have in the estate ; and though the seller may affect to sell the com- 

 plete and immediate interest in the estate, the buyer will take it sub- 

 ject to the interest of the tenant. And if a tenant under a lease has 

 some further interest in the land by agreement posterior to the date of 

 the lease, the buyer of the land, who has notice of the tenant's posses- 

 sion, has constructive notice of such agreement, and therefore he buys 

 the estate subject to all the tenant's rights. It will of course be 

 observed that the contract of a purchaser with a seller cannot affect 

 the previous contract, about the same land, of another person with the 

 same seller, so far as the mutual rights and liabilities of the seller and 

 that other person are concerned. But the question between the two 

 persons who have dealt with the seller is, Which of the two is to have 

 that thing which he has agreed to buy, and which of the two is to 

 have the trouble of settling the dispute with the seller. It is deter- 

 mined that the subsequent contractor, who has what is called notice of 

 the former contract, must be considered as having the benefit of his 

 own contract, but still subject to the prior contract ; and if he has 

 bought the estate and obtained a conveyance of it, having notice of a 

 prior contract for sale, he will be compelled to convey the estate to 

 the person who had such prior contract with the vendor. If the prior 

 contractor has obtained any legal estate in the land, the buyer, of 

 course, whether he has notice or not, only obtains from the vendor 

 such interest as he can sell. 



That which is notice to a man's agent is notice to himself, provided 

 the agent has the notice in the transaction in which he acts as 

 agent. This doctrine is obviously founded on' the legal identity of the 

 principal and agent, in all matters which the principal transacts by his 

 agent. 



It seems to be determined that the mere fact of a man being witness 

 to the execution of a deed, will not be notice to him of the contents of 

 the deed ; for the nature of that transaction called witnessing a deed is 

 not in any way connected with a knowledge of the contents of the 

 deed. 



Sometimes a person who is entitled to a sum of money or the interest 

 of a sum of money which is in the hands of a trustee, will fraudulently 

 sell his interest twice over. A second purchaser, who hat no notice of 

 the former transaction, and gives notice, that is, communicates in a way 

 that cannot be misunderstood the fact of his purchase to the trustee 

 before the former purchaser does, is entitled to have what he has 

 bought, in preference to the other purchaser. By not having notice, he 

 purchases a good title, and acquires a right to what he has bought, 

 equal to the first purchaser's right ; by yivinff notice, he secures that 

 which he has purchased. This is a good example of Notice, viewed 

 under two different aspects, which should not be confounded. 



Other examples of notice may be found in the text books. 



It will be collected from what has been said, that cases of this kind 

 of notice under consideration, are cases in which three persons at least 

 are generally concerned, a seller, a buyer, and some person who is 

 interested in disputing the buyer's title to the thing which he has 

 bought. The term is also applied, though less frequently, to the case 

 of a seller and buyer only ; for that which may be called notice in the 

 other case may be equally well called notice in this. The seller may 

 not intend to conceal or misrepresent any fact, and he may think that 

 he has said everything that was necessary, and the buyer may think 

 that he was buying the whole of an estate when the vendor was only 

 selling the estate subject to certain encumbrances ; and the state of 

 fact* may be such as would be evidence of notice to the purchaser as 

 against a party who had contracted with the vendor previous to himself. 

 The question then comes, whether such state of facts is to be considered 

 as notice to the purchaser, in the case now supposed, as against the 

 vendor, and equally binding on him as it would be in the case of a prior 

 contracting purchaser. It may be observed that the doctrine of notice, 

 as between a seller and a single buyer, has been applied to the case of a 

 lease, where it was held that notice of a lease to a purchaser was notice 

 of its contents ; but this doctrine was derived from a case wherein three 

 parties were concerned, a seller, a lessee, and a purchaser, and it does 

 not appear to have been considered that the question of notice between 

 two purchasers, or two parties claiming an interest in land against a 

 third person, is not quite the same thing as the case of a dispute between 

 two persons only, a seller and a buyer. (Hall v. Smith, 14 Ve., 426, 

 437.) This kind of question however, in English law, would be more 

 properly considered under the heads of Concealment, Suppression, or 

 Misrepresentation, which are a species of fraud ; or under the head of 

 Mistike. 



The question of notice is one of great practical importance, fao far 

 on relates to what shall be evidence of notice, it will vary greatly in 

 ;iit systems of jurisprudence ; so far as concerns its true nature, 

 it belongs to the general doctrine of contracts. 



NOUN (in Grammar), the name of one of the parts of speech into 

 which grammarians have distributed the words of a language. The 

 noun generally expresses the subject of discourse, or the name (nomen) 



of the thing spoken of, as horse, table, darkness, &c. ; but it may also be 

 used as the predicate, as in the sentence, " Tin is a metal," where both 

 " tin" and " metal" are nouns. 



So far as respects the form of nouns, that is, the sounds of which 

 they are composed, they are capable of classification in all languages. 

 The nature of this classification may be explained from examples in 

 our own language. Many nouns are simple roots, as hone, skip, man, 

 tree ; while others are formed by adding a suffix to the root or to other 

 words. [NOTION, NOTIONAL.] 



The following list of nouns, formed by suffixes, belong to the Saxon 

 part of our language. A few examples of each suffix are given in order 

 to show the use of each suffix more clearly : 



Er. 



build-er 



box-er 



walk-er 



scnll'-or 



Ster. 



game-ster 

 malt-ster 

 song-ster 

 pun-ster 



Ard. 



drunk-ard 

 slugg-ard 

 dast-ard 

 bliuk-ard 



Eer. 



mountain-eer 

 chariot-eer 

 musket-eer 

 engiu-eer 



Some of the words in er, ster, and other terminations, have a 

 corresponding feminine termination in ess, ix, or stress, as murderess, 

 songstress, executrix. The termination ix is of Latin origin. 



Ling, 

 fat-ling 

 first-ling 



dar-ling (dear-ling) 

 fond-ling 



Kin. 



lamb-kin 

 pump-kin 

 pip-kin 

 manni-kin 



Let. 



rivu-Iet 

 cut-let 

 stream-let 

 is-let 



These three terminations generally, but not always, give to the root 

 the notion of smallness, and hence they belong to the class called 

 diminutives. 



Dora, 

 king-dom 

 wis-dom 

 prince-dom 

 thral-dom 



Hood, 

 boy-hood 

 child-hood 

 false-hood 

 man-hood 



Ness, 

 bad-ness 

 base-ness 

 cold-ness 

 dark-ness 



Rick as bishop-ric ; Wick as bail-wick. 



Ship. 



friend-ship 

 hard-ship 

 partner ship 

 court-ship 



Th (from adjectives, with 

 a change in the vowel), 

 leng-th 

 bread-th 

 depth 

 streng-th 



T (mostly past 

 participles). 



gif-t 

 draf-t 

 join-t 

 thef-t 



The following terminations are of Latin and Greek origin, though 

 most of them seem to have come through the Norman portion of 

 our language : 



An or Ian. 



Acy. 

 conspir-acy 

 fall-acy 

 suprem-acy 

 lun-aey 



Age.f 

 append-age 

 baud-age 

 broker-age 

 cord-age 



pag-an 

 artis-an 

 guard-ian. 

 traged-iau 



Ance. 

 abund-ance 

 repent-ance 

 resist-ance 

 observ-ance 



Ancy.J: 

 depend-ancy 

 expect-ancy 

 occup-ancy 

 vac-ancy 



Ary. 

 api-ary 

 lumin-ary 

 emiss-ary 

 libr-ary 



Ent. 



Ate. 



advo-cate 

 potent-ate 

 prim-ate 

 gradu-ate 



Ice. 



corrspond-ent mal-ice 



presid-ent 



stud-ent 



ag-ent 



Ism. 



athe-ism 

 bapt-ism 

 critic-ism 

 fanatic-ism 



Or or Tor 



correct-or 

 inspect-or 

 jur-or 

 edit-or 



just-ice 

 avar-ice 

 coward-ice 



1st. 



bapt-ist 

 de-ist 

 flor-ist 

 fatal-ist 



Tude. 

 alti-tude 

 forti-tude 

 grati-tude 

 lati-tude 



Ence. 



consci-ence 

 consequ-ence 

 impot-ence 

 infer-ence 



ics. 



eth-ics 

 opt-ies 

 mechan-ics 

 phys-ics 



Mcnt. 



allure-ment 

 enjoy-ment 

 entice-ment 

 frag-ment 



Ty. 



facili-ty 

 liber-ty 

 plen-ty 

 civili-ty 



Ency. 

 ag-ency 

 clem-eney 

 curr-eney 

 tend-ency 



Ion. 



adopt-ion 

 animat-ion 

 anticipat-ion 

 corrupt-ion 



Ory. 



audit-ory 

 vict-ory 

 direct-ory 

 deposit-ory 



Ure. 



depart-ure 

 fig-ure 

 literat-ure 

 press-ure 



The preceding list contains the majority of the terminations of 

 nouns in the English language which are not simple roots. The 

 number, case, and gender of nouns in general are explained in the 

 articles DUAL NUMBER, GENDER, ABLATIVE, and ACCUSATIVE 



CA8E3. 



* Usually formed from adjectives in ate, as accur-ate, accur-acy. 



t Apparently from the barbarous Latin agium, 

 + Usually formed from adjectives in ant, as abund-ant, abund-ancy. 



