OWNER. He who has dominion of a thing, real or personal, corporeal or incor poreal, which he has a right to enjoy and do with as he pleases,—even to spoil or de stroy it, as far as the law permits, unless he be prevented by some agreement or cove nant which restrains his right. See Turner v. Cross, 83 Tex. 218, 18 S. W. 578, 15 L. R. A. 262; Johnson v. Crookshanks, 21 Or. 339, 28 Pac. 78.
Although there can be but one absolute owner of a thing, there may be a qualified ownership of the same thing by many. Thus, a bailor has the general ownership of the thing bailed, the bailee the special owner ship. See Park v. Willis, 2 Cra. C. C. 83, Fed. Cas. No. 10717. The right of the abso lute owner is more extended than that of him who has only a qualified ownership : as, for example, the use of the thing. Thus, the absolute owner of an estate, that is, an owner in fee, may cut the wood, demolish the buildings, build new ones, and dig wher ever he may deem proper for minerals, stone, plaster, and similar things, which would be considered waste and would not be allowed in a qualified owner of the estate, as a les see or a tenant for life. The word oyvner, when used alone, imports an absolute owner; but it, has been held in Ohio that the word owner, in the mechanic's lien law of that state, includes the owner of the leasehold as well as of the reversion, on the ground that any other construction would be subversive of the policy and intent of the statute. Chot
eau v. Thompson, 2 Ohio St. 123.
The owner continues to have the same right although he perform no acts of owner ship or be disabled from performing them, and although another perform such acts without the knowledge or against the will of the owner. But the owner may lose his right in a thing if he permit it to remain in the possession of a third person for a sufficient time to enable the latter to acquire a title to it by prescription or under the statute of limitations. See La. Civ. Code, b. 2, tit. 2, c. 1; Encyclopedie d'Alembert, Proprietaire.
When there are several joint owners of a thing,—as, for example, of a ship,—the majority of them have the right to make con tracts in respect of such thing in the usual course of .business or repair, and the like, and the minority will be bound by such con tracts ; Holt 586; Schott v. Harvey, 105 Pa. 222, 51 Am. Rep. 201. See PART-OWNER.