CLAIM. A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant. Plowd. 359. See Cummings v. Lynn, 1 Doll. (U. S.) 444, 1 L. Ed. 215; Willing v. Peters, 12 S. & R. (Pa.) 177.
In a popular sense, claim is a right to claim ; a just title to something in the pos session or at the disposal of another. Steele v. State, 159 Ala. 9, 48 South. 673.
The owner of property proceeded against in ad miralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stat ing that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary pre liminary to his making defence; 2 COnki. Adm. 201 210.
A demand entered of record of a mechanic or material man for work done or material furnished in the erection of a building, in Pennsylvania and some other states.
The assertion of a liability to the party making to do some service or pay a sum of money. See Prigg v. Pennsylvania, 16 Pet. (U. S.) 539, 10 L. Ed. 1060.
The possession of a settler upon the wild lands of the government of the United States ; the lands which such a settler holds possession of. The land must be so marked
out as to distinguish it from adjacent lands ; Sergeant v. Kellogg, 5 Gilman (Ill.) 273. Such claims are considered as personalty in the administration of decedents' estates; Stewart v. Chadwick, 8 Ia. 463; are proper subjects of sale and transfer ; Hill v. Smith, Morris (Ia.) 70; Freeman v. Holliday, Mor ris (Ia.) 80; Wilson v. Webster, Morris (Ia.) 312, 41 Am. Dec. 230; Stewart v. Chad wick, 8 Ia. 463; Turney v. Saunders, 4 Scam. (Ill.) 531; the possessor being required to deduce a regular title from the first occu pant to maintain ejectment ; Turney v. Saunders, 4 Scam. (III.) 531; and a sale fur nishing sufficient consideration for a promis sory note ; Freeman v. Holliday, Morris (Ia.) 80; Starr v. Wilson, Morris (Ia.) 438; Pier son v. David, 1 Ia. 23. An express promise to pay for improvements made by "claim ants" is good, and the proper amount to be paid may be determined by the jury ; John son v. Moulton, 1 Scam. (III.) 532.