estates. The manner in which lands or tenements are
holden. 2. According to the English law, all lands are held mediately or
immediately from the king, as lord paramount and supreme proprietor of all the
lands in the kingdom. Co. Litt. 1 b, 65 a; 2 Bl. Com. 105.
3. The idea of tenure; pervades, to a considerable degree, the law of
real property in the several states; the title to land is essentially allodial,
and every tenant in fee simple has an absolute and perfect title, yet in
technical language, his estate is called an estate in fee simple, and the
tenure free and common socage. 3 Kent, Com. 289, 290. In the states formed out
of the North Western Territory, it seems that the doctrine of tenures is not in
force, and that real estate is owned by an absolute and allodial title. This is
owing to the wise provisions on this subject contained in the celebrated
ordinance of 1787. Am. Jur. No. 21, p. 94, 5. In New York, 1 Rev. St. 718;
Pennsylvania, 5 Rawle, R. 112; Connecticut, 1 Rev. L. 348 and Michigan, Mich.
L. 393, feudal tenures have been abolished, and lands are held by allodial
titles. South Carolina has adopted the statute, 12 C. II., c. 24, which
established in England the tenure of free and common socage. 1 Brev. Dig. 136.
Vide Wright on Tenures; Bro. h. t.; Treatises of Feuds and Tenures by Knight~s
service; 20 Vin Ab. 201; Com. Dig. h. t.; Bac. Ab. h. Thom. Co. Litt. Index, h.
t.; Sulliv. Lect. Index, h. t.
Source: Bouviers Law Dictionary 1856 Edition