STOOK

6 definitions found across Law Mind sources

STOOKAuthored
The Law Mind • 781 words
Definition
A stook is a small assemblage of harvested grain sheaves set upright in a field to dry before storage or threshing. In legal contexts, the term appears primarily in agricultural tenancy law, property disputes, and landlord-tenant agreements governing the rights to standing or recently cut crops. A stook represents an intermediate stage of grain harvest — cut and bound into sheaves, but not yet carried from the field — and its legal status as a fixture, chattel, or part of the freehold was a matter of practical consequence in lease and distress disputes. ---
Common Language
Modern common usage (Wiktionary): A pile or bundle, especially of straw; a group of six to eight sheaves of grain stacked vertically in a rectangular arrangement to dry at harvest time. The practice is largely obsolete since the advent of combine harvesters and powered grain dryers in the mid-twentieth century. Also, dialectally, a handkerchief. Historical common usage (Webster's 1913): A small collection of sheaves set up in the field; a shock; in England, twelve sheaves. The legal meaning does not dramatically diverge from the common meaning, but the agricultural precision matters in legal contexts. The exact number of sheaves constituting a stook — six, eight, or twelve — varied by region and custom, and this variation carried legal weight when tithes, rents, or distress levies were calculated by the stook rather than the bushel or load. ---
Why It Matters in Research
Researchers encountering "stook" in historical legal sources are most likely working in one of three areas: (1) agricultural lease and tenancy disputes, where the term defines what a tenant may or may not remove upon quitting the land; (2) tithe and ecclesiastical revenue records, where tithes were assessed on grain at the stook stage; or (3) distress and replevin cases, where the sheriff or landlord's agent levied against crops in the field and the precise stage of harvest determined what could lawfully be seized. The term is essentially obsolete in modern legal practice, having vanished with the agricultural practices it described. It will not appear in post-mid-twentieth-century materials. Researchers should be alert to regional spelling variants — "stock," "shock," and "stuke" appear in period documents — and should not confuse stook with the broader legal term "emblements," which governs the broader right to harvested crops generally. In historical English and early American sources, the stook occupied a legally ambiguous zone: once sheaves were stooked in the field, the crop had been severed from the land but not yet carried away. This distinction mattered enormously in questions of whether a crop passed to a purchaser of the land, a deceased tenant's estate, or remained subject to a landlord's right of distress. Researchers working on early American agricultural law should note that English customs regarding stook counts (particularly the twelve-sheave English standard versus variable colonial practices) did not always transfer uniformly, and local custom frequently governed. ---
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) does not provide a standalone entry for "stook" as a primary headword; the source material supplied appears to be excerpted from an unrelated entry (likely "stock" or a related financial term), suggesting the term was considered sufficiently established by common and agricultural usage that it did not require independent legal definition in Black's second edition. This is itself informative: legal dictionaries of the period often omitted agricultural terms of settled meaning, leaving their legal significance to be inferred from case law and custom. Webster's 1913 provides the most useful working definition for legal research purposes, confirming the English standard of twelve sheaves and equating the stook with the "shock" used in American agricultural usage. Wiktionary's modern entry adds the useful historiographical note that the practice became obsolete with mechanized harvesting, which explains the term's disappearance from twentieth-century legal materials. No historical legal dictionary reviewed supplies a formal legal definition that diverges from the agricultural common meaning. The term's legal significance was functional and contextual rather than formally defined. ---
Jurisdictional Note
In England, twelve sheaves constituted the standard stook for tithe and customary reckoning. In Scotland and parts of the American colonies and early states, the count varied, and local agricultural custom governed disputes. Researchers working in Scottish legal history should note that Scots law treated stooked grain distinctly within its own system of rural tenancy, and English common law authorities do not map cleanly onto Scottish sources. ---
Related Terms
Emblements — Shock (agricultural equivalentAmerican usage) — Sheaf — Distress — Replevin — Tenancy at Will — Emblements — Tithe — Chattel — Severance (property) — Carrying (as a stage of harvest completing the tenant's right to remove crops)
STOOKmain
Black's Law Dictionary (2nd Ed.) • 1910
Civ. App. 382, 44 S. W. 906; Burrall v. Bushwick R. Co., 75 N. Y. 216; State v. Lewis, 118 Wis. 432, 95 N. W. 888; Heller v. National Marine Bank, 89 Md. 602, 43 Atl. 800, 45 L. R. A. 438, 73 Am. St. Rep. 212; Trask v. Maguire, 18 Wall. 402, 21 L. Ed. 938; Harrison v. Vines, 46 Tex. 15. The funded indebtedness of a state or goveriument, also, is often represented by stocks, shares of which are held by its creditors at interest. In the law of descent. The term is used, metaphorically, to denote the original progenitor of a family, or the ancestor from whom the persons in question are all descended; such descendants being called “branches.” Classes of corporate stock. Preferred stock is a separate portion or class of the stock of a corporation, which is accorded, by the charter or by-laws, a preference or priority in respect to dividends, over the remainder of the stock of the corporation, which in that case is called “common” stock. That is, holders of the preferred stock are entitled to receive dividends at a fixed annual rate, out of the net earnings or profits of the corporation, before any distribution of earnings is made to the common stock. If the earnings applicable to the payment of dividends are not more than sufficient for such fixed annual dividend, they will be entirely absorbed by the preferred stock. If they are more than sufficient for the purpose, the remainder may be given entirely to the common stock (which is the more usual custom) or such remainder may be distributed pro rata to both classes of the stock, in which case the preferred stock is said to “partictpate” with the common. The fixed dividend on preferred stock may be “cumulative” or “non-cumulative.” In the former case, if the stipulated dividend on preferred stock is not earned or paid in any one year, it becomes a charge upon the surplus earnings of the next and succeeding years, and all such accumulated and unpaid dividends on the preferred stock must be paid off before the common stock is entitled to receive dividends. In the case of “non-cumulative” preferred stock, its preference for any given year is extinguished by the faflure to earn or pay its dividend in that year. If a corporation has no class of preferred stock, all its stock Is common stock. The word “common” in this connection signifies that all the holders of such stock are entitled to an equal pro rata division of profits or net earnings, if any there be, without any preference or priority among themselves. “Deferred” stock is rarely issued by American corporations, though it is not uncommon in England. This kind of stock is distinguished by the fact that the payment of dividends upon it is expressly postponed until some other class of stock has received a dividend, or until some certain Hability or obligation of the corporation is
STOOKn.
Websters Unabridged Dictionary (1913) • 1913
A small collection of sheaves set up in the field; a shock; in England, twelve sheaves.
STOOKv.
Websters Unabridged Dictionary (1913) • 1913
To set up, as sheaves of grain, in stooks.
stooknoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A pile or bundle, especially of straw. | A group of six or eight sheaves of grain stacked to dry vertically in a rectangular arrangement at harvest time, largely obsolete since the advent of combine harvesters and powered grain driers (mid 20th century). | A handkerchief.
stookverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To make stooks.

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