Definition of ESCHEAT


ESCHEAT

title to lands. According to the English law, escheat
denotes an
obstruction of the course of descent, and a 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. Com. 244.

2. All escheats, under the English law, are declared to be strictly
feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117,
1 Wm. Bl. R. 123.

3. But as the feudal tenures do not exist in this country, there are no
private persons who succeed to the inheritance by escheat. The state steps
in, in the place of the feudal lord, by virtue of its sovereignty, as the
original and ultimate proprietor of all the lands within its jurisdiction.
4 Kent, Com. 420. It seems to be the universal rule of civilized society,
that when the-deceased owner has left no heirs, it should vest in the
public, and be at the disposal of the government. Code, 10, 10, 1, Domat,
Droit Pub. liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139, 1 Bro. Civ. Law,
250, 1 Swifts Dig. 156, 2 Tuck. Blacks. 244, 245, n., 5 Binn. R. 375, 3
Danes Ab. 140, sect. 24, Jones on Land Office Titles in Penna. 5, 6, 93.
For the rules of the Roman Civil Law, see Code Justinian, book 10.


Source: Bouviers Law Dictionary 1856 Edition

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