escheat

[A] procedure with ancient origins whereby a sovereign may acquire title to abandoned property if after a number of years no rightful owner appears.

WRIT OF. A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 164b; Fitzh. Nat. Brev. 143; Termes de la Ley; 2 Bl. Comm. 245; 3 Bl. Comm. 194. Now abolished. 1 Steph. Comm. 401, note.

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. Lovdass, 1 N. C. 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 "excadentim," or "terræ excadentiales." Fleta, lib. 6, c. 1; Ch 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 tenentis, 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. 164b; 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.

To fall back, to revert, return or become forfeited to the lord, the crown, or the state.

In feudallaw. Escheatis 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. 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 “exeadentie,” or “terre excadentiales.” Ga 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. “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 sanguints or else per detictum tenentis, where the course of descent was broken by the corruption of the blood of the tenant, Asa fee might be holden either of the crown or from someinferior lord, the escheat was not alwuys tothe 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 Amer. Dec. 232, note.

'' In feudal law, the determination of the tenure or dissolution of the bond between lord and tenant from extinction of the blood of the latter by natural or civil means.* Thus, if the tenant died without heirs of his blood, or if his blood was corrupted by commission of treason or felony, whereby the inheritable quality was blotted out, the land " fell back " to the lord of the fee— the tenure being determined by breach of the condition.' See Attaindek. The word, originally French or Norman, signifying 1 2 Bish. Crim. L. §§ 917, 1026; 1 Kuss. Cr. 416; Colby V. Sampson, 6 Mass. 'Slg (1809), Parsons, 0. J. "3 Bl Com. 415, 290, 165. See also 32 Ark. 126; 8 Ired. L. 151; 25 N. H. 258; 46 N. J. L. 358; 89 Pa. 446; 3 Head, 137. = 4B1. Com. 139. 4 Dow V. Humbert, 91 V. S. 300 (1875), cases. »E. S. §5409. • Lehman v. Robinson, 59 Ala. 240 (1877). ' 0. Eng. eschete: F. eschet, that which falls to one: chance or accident, now denotes obstruction of the course of descent, and determination of tenure, by some unforeseen contingency; in which case the land naturally results back, by a kind of reversion, to the original grantor.* See Descent. 3. In the United States, a reversion of property to the State in default of a person who can inherit it. Depends upon positive statute, which makes the state the heir of the property. Nothing about it but the name is feudal.^ Eseheator. An officer who takes charge of escheated estates for the government.

1. The falling back of lai(d into the hands of the lord on failure of the blood of the tenant; which may be propter defectum sanguinis (for failure of blood, as if the tenant died without heirs) or propter delictum tenentis (for fault of the tenant) if he be attainted. 2. The lands so escheating. 3. Things falling, falling to the ground. Escheat was a consequence of tenure, and happened on account of the failure of the tenant to perform services to his lord, who might or might not be the King, thus differing from Forfeiture.

[L. Fr. eschete, escket, from esekier, eschoir, to fall or happen; L. Lat. esckasta, escceta, A falling or happening.] In feudal and English law. The fa Uing (falling back or reverting) of lands, by accident or chance, to the lord of whom they are holden, in consequence of the extinction of the b]ood of the tenant, either by his dying without heirs, {propter defectum sanguinis,) or by his attainder for treason or felony, (propter delictum tenentis),* Co. Litt. 18 a, 92 b. S Bl. Com, 72, 73. Id. 244, 245. 1 Steph, Com, 401. 402, 414. 1 Crabb*s Beal Prop. 638, § 818. 2 Id. 1028, § 2411. Mr. Stephen distinguishes between escheat properly so called, and forfeiture; the former being the effect of the death of the tenant without heirs, the latter of his violation of his duty to his lord. 1 Steph, Com, 166. A distinction is also made in the case of attainder between escheat to the lord of the fee, and forfeiture to the crown. Id. 409. See Forfeiture. But both words seem to have been used indifferently to signify the same thing, from a very early period. Britt. c. 18. See Escata, Eschete. The land or fee itself, which thus fell back to the lord. Spelman, voc. Esehata. Such lands were called excadentia, or terriB excadentiales, Fleta^ lib. 6, c. 1. Co. Litt. 13 a. Any profits that fell to the lord on the tenant's death, without heirs. Called by the civilians caduea^ (q. v.) Co. Litt. 13 a. Escheat is applied in old records to material substances that fell to the ground. Thus the escheat of wood, signified all the appendages of lop and top, <&c., that belonged to a tree felled or cut doum. John de Grey, Bishop of Norwich, gave liberty to the monks of his church that in his wood of Thorp they should have one tree with the branches, bark, loppings, root, and all the escheat, {tota eschcsta.) Cowell,