Escheator - Law Dictionary Search Results
Home Dictionary Name: escheator Page: 4Possessio fratris
Possessio fratris, a seisin to turn the descent away from the brother of the half-blood to the sister of the whole-blood; thus, if a father had two sons, A. and B., by different wives, these two brethren were not brethren of the whole-blood, and therefore could never inherit to each other, but the estate rather escheated to the lord. Nay, even if the father died, and his lands descended to his eldest son, A., who entered thereon, and died seised without issue, still B. could not be heir to this estate, because he was only of the half-blood to A., the person last seised; but it descended to a sister (if any) of the whole-blood to A.; for in such cases the maxim was that the seisin, or possessio fratris, made the sister the heiress. Yet, had A. died without entry, B. might have inherited, not as heir to A., his half-brother, but as heir to their common father, who was the person last actually seised, 2 Bl. Com. 227. Abolished by 3 & 4 Wm. 4, c. 106....
Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
Obreption
Obreption, means the obtaining of a gift or dispensation from a sovereign or ecclesiastical authority by fraud, Black's Law Dictionary, 7th Edn., p. 1104.Obreption, obtaining gift of escheat by false suggestion, Bell's Scots Law Dict...
Parcel makers
Parcel makers, two officers in the Exchequer who formerly made the parcels of the escheators' accounts, wherein they charged them with everything they had levied for the sovereign's use within the time of their being in office, and delivered the same to the auditors to make up their accounts therewith, Prac. Exch....
Per and post
Per and post. To come in in the per is to claim by or through the person last entitled to an estate, as the heirs or assigns of the grantee: to come in the post is to claim by a paramount and prior title, as the lord by escheat. See Co. Litt. 271 b, Harg., n. (1), II....
Testa de nevil
Testa de nevil, an ancient document in two volumes, in the custody of the King's Remembrancer in the Exchequer, more properly called Liber Feodorum.These books contain principally accounts (1) of fees holden either immediately of the king, or others who held of the king in capite, and if alienated whether the owners were in feoffed ab antiquo or de novo, as also fees holden in frankalmoigne, with the values thereof respectively; (2) of serjeanties holden of the king, distinguishing such as were rented or alienated, with the values of the same; (3) of widows, and heiresses of tenants in capite, whose marriages were in the gift of the king, with the values of their lands; (4) of churches in the gift of the king, and in whose hands they were; (5) of escheats, as well of the lands of Normans as others, in whose hands the same were, and by what services holden; (6) of the amount of the sums paid for scutage and aid, etc., by each tenant.These volumes were printed in 1807, under the authorit...
Privies
Privies, those who are partakers or have an interest in any action or thing, or any relation to another. They have been said to be of six kinds:-(1) Privies in blood, such as the heir to his ancestor, or between coparceners.(2) Privies in representation, as executors or administrators to their deceased testator or intestate.(3) Privies in estate, as grantor and grantee, lessor and lessee, assignor and assignee, etc.(4) Privities, in respect of contract, are personal privities, and extend only to the persons of the lessor and lessee, or the parties to the contract or assignees upon a fresh contract or novation with the assignee.(5) Privies, in respect of estate and contract together, as where the lessee assigns his interest, but the contract between lessor and lessee continues, the lessor not having accepted the assignee in substitution.(6) Privies in law, as the lord by escheat, a tenant by the courtesy, or in dower, the incumbent of a benefice, a husband suing or defending in right of...
Purchase
Purchase (fr. perquisitio, or conqu'stus, Lat., according to the feudists], in its popular sense, an acquisition of land, obtained by way of bargain and sale, for money or some other valuable consideration; in its legal acceptation, an acquisition of land in any lawful manner, other than by descent, or the mere act of law, and including escheat, occupancy, prescription, forfeiture, and alienation. See 2 Br. and Had. Com. 408 et seq. It is possession to which a man cometh not by title of descent; see Co. Litt. 18 b.Means any transfer of property in goods to the person making the purchase for cash or deferred payment or other valuable consideration, but does not include a transfer by way of mortgage, hypothecation, charge or pledge. [The West Bengal Value Added Tax Act, 2003, s. 2(34)]...
Quod nullius est, est domini regis
Quod nullius est, est domini regis. Fleta, 1. iii, (That which is the property of nobody belongs to our lord the King.) see ESCHEAT....
Res caduca
Res caduca, means a fallen thing; an escheat, Black's Law Dictionary, 7th Edn., p. 1308....
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