SURPLUSAGE, accounts. A greater dishursement than the charges of the accountant amount to.
SURPRISE. This term is frequently used in courts of equity1 and by writers on equity jurisprudence. It signifies the act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Bro. Ch. R. 150; 1 Story, Eq. Jur. §120, note. Mr. Jeremy, Eq. Jur. 366, seems to think that the word surprise is a technical expression, and nearly synonymous. with fraud. Page 383, note. It is sometimes, used in this sense when it is deemed presumptive of, or approaching to fraud. 1 Fonbl. Eq. 123 3 Chan. Cas. 56, 74, 103, 114. Vide 6 Ves. R. 327, 338; 2 Bro. Ch. R. 826; 16 Ves. R. 81, 86, 87; 1 Cox, R. 340; 2 Harr. Dig. 92.
2. In practice, by surprise is understood that situation in which a party is placed, without any default of his own, which will be, injurious to his interest. 8 N. AS. 407. The courts always do everything in their power to relieve a party from the effects of a surprise, when he has been diligent2 in endeavouring to avoid it. 1 Clarke's R. 162; 3 Bouv. Inst. n. 3285.
SURREBUTTER, pleading. The plaintiff's answer to the defendant's rebutter is governed by the same rules as the replication. (q. v.) Vide 6 Com. Dig. 185; 7 Com. Dig. 389
SUBREJOINDER, pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rules as the replication. (q. v.) Steph. Pl. 77; Arch., Civ. Pl. 284; 7 Com. Dig. 389.
SURRENDER, estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate3 estate in reversion or remainder, by which the lesser4 estate is merged5 in the greater by mutual6 agreement, Co. Litt. 337, b.
2. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending7 upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests8 the estate of the surrenderer, aud vests it in the surrenderee, even without the assent9 (q. v.) of the latter. Touchs. 300, 301.
3. The technical and proper words of this conveyance10 are, surrender and yield up; but any form of words; by which the intention. of the parties is sufficiently11 manifested, will operate as a surrender, Perk12. §607; 1 Term Rep. 441; Com. Dig. Surrender, A.
4. The surrender may be express or implied. The latter is when an estate, incompatible13 with the existing estate, is accepted or the lessee14 takes a new lease of the same lands. 16 Johns. Rep. 28; 2 Wils. 26; 1 Barn. & A. 50; 2 Barn. & A. 119; 5 Taunt15. 518, and see 6 East, R. 86; 9 Barn. & Cr. 288 7 Watts16, R. 128. Vide, generally, Cruise, Dig. tit. 32, c. 7; Com. Dig. h. t.; Vin. Ab. h. t.; 4 Kent, Com. 102; Nels. Ab. h. t.; Rolle's Ab. h. t. 11 East, R. 317, n.
5. The deed or instrument by which a surrender is made, is also called a surrender. For the law of presumption17 of surrenders, see Math. on Pres. ch. 13, p. 236; Addis. on Contr. 658-661.
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