APPEARANCE DAY. The day on which the parties are bound to appear in court. This is regulated in the different states by particular provisions.

APPELLANT, practice. He who makes an appeal from one jurisdiction¹ to another.

APPELLATE JURISDICTION. The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first in stance. Vide Jurisdiction; Original jurisdiction.

APPELLEE, practice. The party in a cause against whom an appeal has been taken.

APPELLOR. A criminal who accuses his accomplices²; one who challenges a jury.

APPENDANT. An incorporeal³ inheritance belonging to another inheritance.

2. By the word appendant in a deed, nothing can be conveyed which is itself substantial corporeal⁴ real property, and capable of passing by feoffment and livery of seisin: for one kind of corporeal real property cannot be appendant to another description of the like real property, it being a maxim⁵ that land cannot be appendant to land. Co. Litt. 121; 4 Coke, 86; 8 Barn. & Cr. 150; 6 Bing. 150. Only, such things can be appendant as can consistently be so, as a right of way, and the like. This distinction is of importance, as will be seen by the following case. If a wharf⁶ with the appurtenances be demised⁷, and the water adjoining the wharf were in tended to pass, yet no distress⁸ for rent on the demised premises⁹ could be made on a barge¹⁰ on the water, because it is not a place which could pass as a part of the thing demised. 6 Bing. 150.

3. Appendant differs from appurtenant in this, that the former always arises from prescription¹¹, whereas an appurtenance may be created at any time. 1 Tho. Co. Litt. 206; Wood's Inst. 121; Dane's Abr. h. t.; 2 Vin. Ab. 594; Bac. Ab. Common, A 1. And things appendant must have belonged by prescription to another principal substantial thing, which is considered in law as more worthy¹². The principal thing and the appendant must be appropriate to each other in nature and quality, or such as may be properly used together. 1 Chit. Pr. 154.

APPENDITIA. From appendo, to hang at or on; the appendages¹³ or pertinances of an estate the appurtenauces to a dwelling¹⁴, &c.; thus pent-houses, are the appenditia domus, &c.

APPLICATION. The act of making a request for something; the paper on which the request is written is also called an application; as, an application to chancery for leave to invest trust funds; an application to an insurance company for insurance. In the land law of Pennsylvania, an application is understood to be a request in writing to have a certain quantity of land at or near a certain place therein mentioned. 3 Binn. 21; 5 Id. 151; Jones on Land Office Titles, 24.

2. An application for insurance ought to state the facts truly as to the object to be insured, for if any false representation be made with a fraudulent intent, it will avoid the policy. 7 Wend. 72.

3. By application is also meant the use or disposition¹⁵ of a thing; as the application of purchase money.

4. In some cases a purchaser who buys trust property is required, to see to the application of thee purchase money, and if be neglects to do so, and it be misapplied, he will be considered as a trustee of the property he has so purchased. The subject will be examined by considering, 1, the kind of property to be sold; 2, the cases where the purchaser is bound to see to the application of the purchase money in consequence of the wording of the deed of trust.

5. – 1. Personal property is liable, in the hands of the executor, for the payment of debts, and the purchaser is therefore exempted¹⁶ from seeing to the application of the purchase money, although it may have been bequeathed to be sold for the payment of debts. 1 Cox, R. 145; 2 Dick. 725; 7 John. Ch. Rep., 150, 160; 11 S. & R. 377, 385; 2 P. Wms. 148; 4 Bro. C. C. 136; White's L. C. in Eq. 54; 4 Bouv. Inst. n. 3946.

6. With regard to real estate, which is not a fund at law for the payment of debt's, except where it is made so by act of assembly, or by direction in the will of the testator or deed of trust, the purchaser from an executor or trustee may be liable for the application of the purchase money. And it will now be proper to consider the cases where such liability exists.

7. – 2. Upon the sale of real estate, a trustee in whom the legal title is vested, can it law give a valid¹⁷ discharge for the purchase money, because he is the owner at law. In equity¹⁸, on the contrary, the persons among whom the produce of the sale is to be distributed are considered the owners; and a purchaser must obtain a discharge from them, unless the power of giving receipts is either expressly or by implication given to the trustees to, give receipts for the purchase money. It is, for this reason, usual to provide in wills and trust deeds that the purchaser shall not be required to see to the application of the purchase money.