Terre-tenant

One who has the ac- limit was fixed when that was the range tual possession of land; but, in a more tech- of a cannon; Hogg v. Beerman, 41 Ohio St nical sense, he who is seised of the land; 81, 52 Am. Rep. 71; it is said that it can be and in the latter sense the owner of the land, extended as the range of cannon increases; or the person seised, is the terre-tenant, and Hall, Int. L. 157. It may be extended for not the lessee. Jones v. Shawhan, 4 \V. & S. protection in time of war, or for revenue pur- (Pa.) 257; Bac. Abr. Uses and Trusts. It poses; Manchester v. Massachusetts, 139 U. has been holden that mere occupiers of the S. 240, 11 Sup. Ct. 559, 35 L. Ed. 159; The land are not terre-tenants. See Clialioon v. Ilungaria, 41 Fed. 109. Congress has recog- Hollenback, 3G S. & R. (Pa.) 432, 16 Am. nized the customary limit by legislation as Dec. 587; 2 Bla. Com. 01, 328; Hulett v. Ins. to captures made within a marine league of Co., 114 Pa. 146, 6 Atl. 554. the shore; 1 Kent 29. It is three miles from Contribution among Terre-tenants. The question low-water mark; Behr. Sea Case. whether purchasers, at different times, of land State legislation in Massachusetts which bound by an incumbrance created by the grantor, extends ther territorial limit of a state three stand in equal equity as regards this incumbrance, and if so, must each contribute proportionately to miles seaward from the shore is valid; Manits discharge, has been settled in England in the chester v. Massachusetts, 139 U. S. 240, 11 affirmative, following the rule laid down in the Sup. Ct 559, 35 L. Ed. 159; i. e. it may ex- Year Books and repeated in Coke’s Reports; 2 Wms. Saund. p. 10, n.; 3 Rep. 14 b. In this coun- tend its territorial limits and the boundaries try, the opposite view has been take^; Gill v. Lyon, of its counties to the extent of the limits of 1 Johns. Ch. (N. Y.) 447; Nailer v. Stanley, 10 S. & the United States. So of a California act R. (Pa.) 450, 13 Am. Dec. 691; Sauer v. Monroe, 20 relating to a crime committed within the Pa. 222. same limit; In re Humboldt Lumber Man-

ter-tenant, I fr. and eng. A tenant, holder or occupier of land.

He who is in actual possession of a piece of land, as distinguished from the owner, real or alleged; also, but less frequently, the owner of the legal, as distinguished from the equitable, estate.* when a mortgagor sells thejand he has mortgaged, in pieces, for a full price, and at different times, the parts are liable for the debt in the inverse order of their alienation; and, before a decree of foreclosure w Ul be entered, notice of the proceeding must be given to the terre-tenants.' Statutes also provide for summoning terre-tenants in actions on judgments. Thus, if all the terre-fenants be not'named in a scire facias to revive a judgment, the fact may, perhaps, be pleaded in abatement.*

The holder of land; the person who is in actual possession or occupation of land. Sometimes the term is used in a more technical sense, signifying he who is seised of land, though not personally occupying any part of it. It is sometimes spelled ter-tenant, but unadvisably. The terre-tenant is he who hath the actual possession of the land; for example, a lord of a manor has a freeholder, who letteth out his freehold to another, to be possessed and occupied by him, such other is called the ter-tenant. Jacob. The terre-tenant is he who is literally in the occupation or possession of the land, as distinguished from the mere owner of the same. The phrase also denotes sometimes the owner of the legal estate, e.g. the trustee's estate; and in that sense, although the cestui que trust should die without heirs, the lands will not escheat to the lord for want of a tenant (per defectum sanguinis), for the trustee is the terre-tenant. (Burgess v. Wheate, 1 Eden, 177.) Brown.