STUMP

8 definitions found across Law Mind sources

STUMPAuthored
The Law Mind • 896 words
Definition
In law, STUMP refers to the portion of a tree remaining fixed in the ground after the trunk has been cut or the tree otherwise removed. Its legal significance arises in two principal contexts: 1. As a fixture or obstruction. A stump rooted in the soil is treated as part of the realty — attached to and forming part of the land itself. A stump that has been severed from the ground and cast or left upon a highway or public way, by contrast, becomes a movable object whose presence may give rise to liability as a dangerous obstruction or public nuisance. The distinction between a rooted stump and a displaced one determines both its character as property and the nature of any duty owed to others. 2. As a subject of contract and timber rights. A stump figures implicitly in the valuation and conveyance of standing timber. Once a licensed timber-cutter has felled trees and removed the timber, the stumps that remain raise questions about land restoration, severance, and the scope of the original license. See also STUMPAGE. ---
Common Language
Modern common usage (Wiktionary): The remains of a tree after it has been cut; also, informally, a platform or occasion for political speechmaking ("on the stump"). Historical common usage (Webster's 1913): "The part of a tree or plant remaining in the earth after the stem or trunk is cut off; the stub." Also, colloquially, the legs ("stir one's stumps") and the wickets in cricket. The legal definition tracks the physical meaning closely but narrows it with a critical qualification: legal relevance attaches to whether the stump remains rooted in the soil or has been displaced. The political and cricket senses of the word have no legal counterpart, and the colloquial sense of "legs" is irrelevant to legal usage entirely. ---
Why It Matters in Research
The primary research trap with STUMP is the rooted/displaced distinction. Anderson's notation — that a stump rooted in the soil is treated differently from one cast upon a highway — reflects a principle with real consequences for nuisance, highway obstruction, and tort liability. Researchers working in historical land use cases, timber contracts, or highway law must be alert to this distinction, as older cases frequently turn on precisely whether the stump remained in place or was moved. In historical sources, STUMP entries are almost always brief and cross-referenced to STUMPAGE and TIMBER. Researchers should treat the STUMP entry as a gateway, not a destination. The substantive doctrine lives in those adjacent entries and in case law addressing fixtures, public nuisance, and timber licenses. For researchers working with 19th- and early 20th-century land contracts, stumps also appear in conveyance disputes over what passes with a sale of land versus what is reserved in a timber license. A buyer of cutover land may or may not acquire stumps depending on the terms of any prior timber agreement, and stumps with residual commercial value (for turpentine extraction or wood products) were occasionally the subject of express contractual provisions. The political "stump speech" sense — originating from candidates literally standing on tree stumps to address crowds — appears in general dictionaries and historical newspapers but has no legal meaning. Do not be misled by this sense when searching historical legal sources. ---
Historical Dictionary Support
Anderson's Dictionary of Law is the only major historical legal dictionary to give STUMP its own entry, and even there the treatment is minimal. The entry does two things: it affirms that a rooted stump is part of the realty, and it immediately pivots to STUMPAGE as the more legally developed concept. The brevity is informative. STUMP as a standalone legal concept was not heavily theorized — it mattered mainly as a factual element in cases about obstructions, fixtures, and timber rights rather than as a term of art with its own developed doctrine. The real legal content lies in STUMPAGE (the price paid for a license to enter another's land, cut standing trees, and remove timber) and in the broader law of TIMBER and FIXTURES. Historical dictionaries uniformly omit any discussion of liability for displaced stumps as a nuisance category, even though such cases existed. Researchers should not assume from the dictionary record that this area of law was uncontested — only that lexicographers did not think it worth extended treatment. ---
Jurisdictional Note
Liability for stumps left in or near roadways has been treated variably across American jurisdictions, with some states imposing strict duties on landowners adjacent to public highways and others requiring actual knowledge of danger. Timber contract provisions regarding stump disposal also varied by regional practice. Researchers should not assume uniform treatment from any single historical source. ---
Related Terms
STUMPAGE — the license fee paid to enter land and cut standing timber; the primary legal concept in this cluster TIMBER — the broader category governing rights to standing trees and their removal FIXTURE — the general doctrine determining when an object becomes part of the realty PUBLIC NUISANCE — relevant when a displaced stump obstructs a highway SEVERANCE — the act or legal event of separating an object from the realty LICENSE (land use) — the right under which timber cutting typically occurs WASTE — may be implicated where stumping or timber removal damages land held by another
STUMPmain
Anderson's Dictionary of Law • 1890
Presumably, a stump rooted in the soil, and not, at least under the circumstances of the case cited, a stump cast upon a highway.4 Stumpage. The price paid for a license to enter upon another's land, to cut down standing trees, and to remove the timber.5 See TIMBER.
STUMPn.
Websters Unabridged Dictionary (1913) • 1913
The part of a tree or plant remaining in the earth after the stem or trunk is cut off; the stub. The part of a limb or other body remaining after a part is amputated or destroyed; a fixed or rooted remnant; a stub; as, the stump of a leg, a finger, a tooth, or a broom. The legs; as, to stir one's stumps. [Slang] One of the three pointed rods stuck in the ground to form a wicket and support the bails. A short, thick roll of leather or paper, cut to a point, or any similar implement, used to rub down the lines of a crayon or pencil drawing, in shading it, or for shading drawings by producing tints and gradations from crayon, etc., in powder. A pin in a tumbler lock which forms an obstruction to throwing the bolt, except when the gates of the tumblers are properly arranged, as by the key; a fence; also, a pin or projection in a lock to form a guide for a movable piece. Leg stump (Cricket), the stump nearest to the batsman. -- Off stump (Cricket), the stump farthest from the batsman. -- Stump tracery (Arch.), a term used to describe late German Gothic tracery, in which the molded bar seems to pass through itself in its convolutions, and is then cut off short, so that a section of the molding is seen at the end of each similar stump. -- To go on the stump, or To take the stump, to engage in making public addresses for electioneering purposes; -- a phrase derived from the practice of using a stump for a speaker's platform in newly- settled districts. Hence also the phrases stump orator, stump speaker, stump speech, stump oratory, etc. [Colloq. U.S.]
STUMPv.
Websters Unabridged Dictionary (1913) • 1913
To cut off a part of; to reduce to a stump; to lop. Around the stumped top soft moss did grow. Dr. H. More. To strike, as the toes, against a stone or something fixed; to stub. [Colloq.] To challenge; also, to nonplus. [Colloq.] To travel over, delivering speeches for electioneering purposes; as, to stump a State, or a district. See To go on the stump, under Stump, n. [Colloq. U.S.] To put (a batsman) out of play by knocking off the bail, or knocking down the stumps of the wicket he is defending while he is off his allotted ground; -- sometimes with out. T. Hughes. To bowl down the stumps of, as, of a wicket. A herd of boys with clamor bowled, And stumped the wicket. Tennyson. To stump it. (a) To go afoot; hence, to run away; to escape. [Slang] Ld. Lytton. (b) To make electioneering speeches. [Colloq. U.S.]
STUMPv.
Websters Unabridged Dictionary (1913) • 1913
To walk clumsily, as if on stumps. To stump up, to pay cash. [Prov. Eng.] Halliwell.
stumpnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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The remains of something that has been cut off; especially the remains of a tree, the remains of a limb. | The place or occasion at which a campaign takes place; the husting. | A place or occasion at which a person harangues or otherwise addresses a group in a manner suggesting political oration. | One of three small wooden posts which together with the bails make the wicket and that the fielding team attempt to hit with the ball. | An artists’ drawing tool made of rolled paper used to smudge or blend marks made with charcoal, Conté crayon, pencil or other drawing media. | A wooden or concrete pole used to support a house. | A leg. | A pin in a tumbler lock which forms an obstruction to throwing the bolt except when the gates of the tumblers are properly arranged, as by the key. | A pin or projection in a lock to form a guide for a movable piece.
stumpverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To stop, confuse, or puzzle. | To baffle; to make unable to find an answer to a question or problem. | To campaign. | To travel over (a state, a district, etc.) giving speeches for electioneering purposes. | To get a batsman out stumped. | To bowl down the stumps of (a wicket). | To walk heavily or clumsily, plod, trudge. | To reduce to a stump; to truncate or cut off a part of. | To strike unexpectedly; to stub, as the toe against something fixed.
Stumpname
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 surname.

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