Legal Term Dictionary

This is a species of tenure, where land is held of another in perpetuity at a yearly rent without fealty, homage, or other services than such as are specially comprised in the feoffment. It corresponds very nearly to the "emphyteusis" of the Roman law. Fee-farm is where an estate in More...

This is a species of tenure, where land is held of another in perpetuity at a yearly rent without fealty, homage, or other services than such as are specially comprised in the feoffment. It corresponds very nearly to the "emphyteusis" of the Roman law. Fee-farm is where an estate in fee is granted subject to a rent in fee of at least one-fourth of the value of the lands at the time of its reservation. Such rent appears to be called "fee-farm" because a grant of lands reserving so considerable a rent is indeed only letting lands to farm in fee-simple, instead of the usual method of life or years. 2 Bl. Comm. 43; 1 Steph. Comm. 676. Fee-farms are lands held in fee to render for them annually the true value, or more or less; so called because a farm rent is reserved upon a grant in fee. Such estates are estates of inheritance. They are classed among estates in fee-simple. No reversionary interest remains in the lessor, and they are therefore subject to tbe operation of the legal principles which forbid restraints upon alienation in all cases where no feudal relation exists between grantor and grantee. De Peyster v. Michael, 6 N. Y. 497; 57 Am. Dec. 470. -Fee-farm rent. The rent reserved on granting a fee-farm. It might be one-fourth the value of the land, according to Cowell: one-third, according to other authors. Spelman; Termes de la Ley; 2 Bl. Comm. 43. Fee-farm rent is a rent-charge issuing out of an estate in fee; a perpetual rent reserved on a conveyance in fee-simple. De Peyster v. Michael. 6 N. Y. 467, 495, 57 Am. Dec. 470. Less...

In English law. A freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable thereout, and mergeable therein. It may be enjoyed not only in land, but More...

In English law. A freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable thereout, and mergeable therein. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments, as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another. Wharton. In American law. An absolute or fee-simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal representatives upon his death intestate. Code Ga. 1882, s 2246. And see Friedman v. Steiner, 107 111. 131; Woodberry v. Matherson, 19 Fla. 785; Lyle v. Richards, 9 Serg. & R. (Pa.) 374; Loventhal v. Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 L. R, A. 258, 57 Am. St Rep. 17 - Dumont v. Dufore, 27 Ind. 267. Fee-simple signifies a pure fee; an absolute estate of inheritance; that which a person holds inheritable to him and his heirs general forever. It is called "fee-simple," that is, "pure," because clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or collateral. It is the largest estate and most extensive interest that can be enjoyed in land, being the entire property therein, and it confers an unlimited power of alienation. Haynes v. Bourn, 42 Vt. 686. A fee-simple is the largest estate known to the law, and where no words of qualification or limitation are added, it means an estate in possession, and owned in severalty. It is undoubtedly true that a person may own a remainder or reversion in fee. But such an estate is not a fee-simple; it Is a fee qualified or limited. So, when a person owns in common with another, he does not own the entire fee, a fee-simple; it is a fee divided or shared with another. Brackett v. Ridlon, 54 Me. 426. Absolute and conditional. A fee simple absolute is an estate which is limited absolutely to a man and his heirs and assigns forever, without any limitation or condition. Frisby v. Ballance, 7 111. 144. At the common law, an estate in fee simple conditional was a fee limited or restrained to some particular heirs, exclusive of others. But the statute "De Donis" converted all such estates into estates tail. 2 Bl. Comm. 110. Less...

An estate tail; an estate of inheritance given to a man and the heirs of his body, or limited to certain classes of particular heirs. It corresponds to the feudum talliatum of the feudal law, and the idea is believed to have been borrowed from the Roman law, where, by More...

An estate tail; an estate of inheritance given to a man and the heirs of his body, or limited to certain classes of particular heirs. It corresponds to the feudum talliatum of the feudal law, and the idea is believed to have been borrowed from the Roman law, where, by way of fidei commissa, lands might be entailed upon children and freedmen and their descendants, with restrictions as to alienation. 1 Washb. Real Prop. 66. For the varieties and special characteristics of this kind of estate, see TAIL. Less...

To lend additional support; to strengthen ex post facto. "The interest when it accrues feeds the estoppel." Christmas v. Oliver, 5 Mood. A R. 202.

To lend additional support; to strengthen ex post facto. "The interest when it accrues feeds the estoppel." Christmas v. Oliver, 5 Mood. A R. 202. Less...

In old English law. A thief caught while escaping with the stolen goods In his possession. Spelman.

In old English law. A thief caught while escaping with the stolen goods In his possession. Spelman. Less...

The name given to certain secret tribunals which flourished in Germany from the end of the twelfth century to the middle of the sixteenth, usurping many of the functions of the governments which were too weak to maintain law and order, and inspiring dread in all who came within their More...

The name given to certain secret tribunals which flourished in Germany from the end of the twelfth century to the middle of the sixteenth, usurping many of the functions of the governments which were too weak to maintain law and order, and inspiring dread in all who came within their jurisdiction. Euc. Brit. Such a court existed in Westphalia (though with greatly diminished powers) until finally suppressed in 1811. Less...

Fictitious; pretended; supposititious; simulated. -Feigned accomplice. One who pretends to consult and act with others in the planning or commission of a crime, but only for the purpose of discovering their plans and confederates and securing evidence against them. See People v. Bolanger, 71 Cal. 17, 11 Pac. 800.- Feigned More...

Fictitious; pretended; supposititious; simulated. -Feigned accomplice. One who pretends to consult and act with others in the planning or commission of a crime, but only for the purpose of discovering their plans and confederates and securing evidence against them. See People v. Bolanger, 71 Cal. 17, 11 Pac. 800.- Feigned action. In practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true. It differs from false action. in which case the words of the writ are false. Co. litt. 361.-Feigned diseases. Simulated maladies. Diseases are generally feigned from one of three causes,-fear, shame, or the hope of gain.-Feigned issue. An issue made up by the direction of a court of equity, (or by consent of parties,) and sent to a common-law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is unwilling, to decide. It rests upon a suppositious wager between the parties. See 3 Bl. Comm. Less...

In Saxon law. One bound for another by oath; a sworn brother. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was murdered, the recompense due from the murderer went to the felagus of the More...

In Saxon law. One bound for another by oath; a sworn brother. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was murdered, the recompense due from the murderer went to the felagus of the slain, in default of parents or lord. Cunningham. Less...

A field; in composition, wild. Blount

A field; in composition, wild. Blount Less...

L. Fr. Faithful. See FEAL.

L. Fr. Faithful. See FEAL. Less...