Escheat

In American law. The reverting of land to the state, on the death of the owner without lawful heirs.

In feudal and English law. The falling back of lands to the lord in consequence of the extinction of the blood of the tenant; the land or fee itself so falling; profits falling to the lord on death of the tenant without heirs; material substances falling to the ground, as escheat of wood, meaning all appendages of lop and top of a tree cut down. Escheat propter defectum sangruinis: escheat through death of the tenant without heirs. Escheat propter delictuin tenentis: escheat through attainder of the tenant Escheat, writ of: a writ which anciently lay for a lord to recover possession of lands that had escheated to him.

WRIT OF. A writ which anciently lay for a lord, to recover possession of iands that had esclieated to him. Reg. Orig. 164b; Fitzh. Nat. Brev. 143.

In American law. Thereverting of land to the state, on the death of the owner without lawful heirs.* 4 Kent's Com. 423, 424. See Forfeiture. See U, S, Dig, db Supplement, Escheat. To ESCHEAT. [L. Fr. eschier; L. Lat. cadere, ezcidere, accidere] to fall or happen.] To fall back, (Lat. relabi;) to revert, return or become forfeited to the lord, the crown, or the state; as lands do in certain cases.* See Escheat. " When, by accident, lands fall to the lord of whom they are holden, — we say the fee is escheated.*^ Co. Litt. 13 a. It 16 a general principle in American law that when the title to land fails from defect of heirs or devisees, it necessarily reverts or escheats to the people, as forming part of the common stock to which the whole community is entitled. 4 Kent's Com. 424.