Legal Term Dictionary

In feudal law. Escheat is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee. 2 Bl. Comm. 15; Wallace v. More...

In feudal law. Escheat is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee. 2 Bl. Comm. 15; Wallace v. Harm-stad, 44 Pa. 501; Marshall v. Lovelass, 1 N. O. 445. It is the casual descent, in the nature of forfeiture, of lands and tenements within his manor, to a lord, either on failure of issue of the tenant dying seised or on account of the felony of such tenant. Jacob. Also the land or fee itself, which thus fell back to the lord. Such lands were called "excadentto," or "terra excadentiales" Fleta, lib. 6, c. 1; Co. Litt 13a. In American law. Escheat signifies a reversion of property to the state in consequence of a want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord. See 4 Kent Comm. 423, 424. Hughes v. State, 41 Tex. 17; Crane v. Reeder, 21 Mich. 70, 4 Am. Rep. 430; Civ. Code Ga. 1895, | 3575. "Escheat at feudal law was the right of the lord of a fee to re-enter upon the same when it became vacant by the extinction of the blood of the tenant. This extinction might either be per defectum sanguinis or else per delictum tenentist, where the course of descent was broken by the corruption of the blood of the tenant. As a fee might be holden either of the crown or from some inferior lord, the escheat was not always to the crown. The word 'escheat,' in this country, at the present time, merely indicates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto. 29 Am. Dec 232, note. -Escheat, writ of. A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 161b; Fitzh. Nat. Brev. 143.-Single escheat. When all a person's movables fall to the crown, as a casualty, because of his being declared rebel. Wharton. Less...

In English law. The name of an officer who was appointed in every county to look after the escheats which fell due to the king in that particular county, and to certify the same into the exchequer. An escheator could continue in office for one year only, and was not More...

In English law. The name of an officer who was appointed in every county to look after the escheats which fell due to the king in that particular county, and to certify the same into the exchequer. An escheator could continue in office for one year only, and was not re-eligible until three years. There does not appear to exist any such officer at the present day. Brown. See 10 Vin. Abr. 158; Co. Litt. 13b. Less...

In old English law. A jury or inquisition.

In old English law. A jury or inquisition. Less...

To build or equip. Du Cange.

To build or equip. Du Cange. Less...

A tax formerly paid in boroughs and corporations towards the support of the community, which is called "scot and lot."

A tax formerly paid in boroughs and corporations towards the support of the community, which is called "scot and lot." Less...

In Spanish law. An officer, resembling a notary in French law, who has authority, to set down in writing, and verify by his attestation, transactions and contracts between private persons, and also judicial acts and proceedings.

In Spanish law. An officer, resembling a notary in French law, who has authority, to set down in writing, and verify by his attestation, transactions and contracts between private persons, and also judicial acts and proceedings. Less...

In Spanish law. A written instrument. Every deed that is made by the hand of a public escribano, or notary of a corporation or council (concejo,) or sealed with the seal of the king or other authorized parsons. White, New Recop. b. 3, tit. 7, c. 5.

In Spanish law. A written instrument. Every deed that is made by the hand of a public escribano, or notary of a corporation or council (concejo,) or sealed with the seal of the king or other authorized parsons. White, New Recop. b. 3, tit. 7, c. 5. Less...

Fr. Fraud, swindling, cheating.

Fr. Fraud, swindling, cheating. Less...

A scroll; a writing; a deed. Particularly a deed delivered by the grantor into the hands of a third person, to be held by the latter until the happening of a contingency or performance of a condition, and then by him delivered to the grantee. Thomas v. Sowards, 25 Wis. More...

A scroll; a writing; a deed. Particularly a deed delivered by the grantor into the hands of a third person, to be held by the latter until the happening of a contingency or performance of a condition, and then by him delivered to the grantee. Thomas v. Sowards, 25 Wis. 631; Patrick v. Mc-iCormick, 10 Neb. 1, 4 N. W. 312; Cagger v. Lansing, 57 Barb. (N. Y.) 427; Davis v. Clark, 58 Kan. 100, 48 Pac. 563; Easton v. iDrlscoll, 18 R. I. 318, 27 Atl. 445. A grant may he deposited by the grantor with a third person, to be delivered on the performance of a condition, and on delivery by the depositary it will take effect. While in the possession of the third person, and subject to condition, it is called an "escrow." Civil Code Cal. f 1057; Civil Code Dak. s 609. The state or condition of a deed which is conditionally held by a third person, or the possession and retention of a deed by a third person pending a condition; as when an instrument is said to be delivered "in escrow." This use of the term, however, is a perversion of its meaning. Less...

In old English law. An escrow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, f 9; Id. c. 2, H 137, 138.

In old English law. An escrow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, f 9; Id. c. 2, H 137, 138. Less...