ESCHEAT

In feudal law, Escheat is an obstruction of the course of descent, and 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. Oomm. 15; Wallace v. Earmstad, 44 Pa. 501; Marshall v. Love la , 1 N. c. 445. It is the casual descent, in the nature of forfeiture, of lands and tenements within his manor, to a lord, either on failure of i ue of the tenant dying seised or on account of the felony of such tenant. Jacob. Also the land or fee itself, which thus fell back to the lord. S\lch lands were called "ea:cadentiw," or "terrw excadentiales." Fleta, lib. 6, c. 1; Co. Litt. 13a. In American law, Escheat signifies a reversion of property to the state in consequence of a _want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord ' See 4 Kent, Comm. 423, 424. Hughes v. State, 41 Tex. 17; Crane v. Reeder, 21 Mich. 70, 4 Am. Rep. 430; Civ. Code Ga. 1895, I 3575. "Esc'\ieat at feudal law was the right of the lord of a fee to re-enter upon the same when it became vacant by the extinction of the blood of the tenant. This extinction might either be per · defeatum sa,nguinis or else per delictum tenentis, where the course of descent was broken by the corruption of the blood of the tenant. Al, a fee might be bolden either of the crown or from some inferior lord, the escheat was not always to the crown. The word 'escheat,' in this country, at the present time, merely ind i- ~ates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto." 29 Am. Dec. 232, note. -Escheat, writ of, A writ which anciently lay for a lord, to recov!!r po e ion.of lands th1tt had escheated to him. Reg. Ong. 164b; Fftzh. Nat. Brev. 143.-Single eschea.t. When all a person's movables fall to the crown, as a casualty, because of, his being declared ·rebel. Wharton. ESOBEATOB.. In English law. The name of a,n officer who waa appointed In every county t.o look after the escheats which fell due to the kine 1D that particular cc;,unt7, [s. 442]