ESCHEAT (Fr. escheoir. to happen). An accidental reverting of lands to the original lord.
In case of escheat by failure of heirs, by corrup tion of blood, or by conviction of certain crimes, tho feud fell back into the lord's hands by a termina tion of the tenure. 1 Washburn, Real Prop. 24.
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 Sharswood, Blackst. Comm. 244.
The estate itself which so reverted was called an escheat. Spelman, Gloss. The term included also other property which fell to the lord: as, trees which fell down, etc. Cowel.
2. All escheats under the English law are declared to be strictly feudal and to import the extinction of tenure. Wright, Ten. 115— 117 ; 1 W. Blackst. 123.
In this country, however, the state steps in, in the place of the feudal lord, by virtue of its sovereignty, as the original and ulti mate proprietor of all the lands within its jurisdiction. 4 Kent, Comm. 424. See 10
Gill & J. Md. 450 ; 3 Dane, Abr. 140. It is, perhaps, questionable how far this incident exists at common law in the United States generally. In Maryland the lord proprietor was originally the owner of the land, as the crown was in England. In most of the states the right to escheat is secured by statute. 4 Kent, Comm. 424 ; 1 Washburn, Real Prop. 24, 27 ; 2 id. 443.
It seems to be the universal rule of civil ized society that when the deceased owner has left no heirs it should vest in the public and he at the disposal of the government. Code, 10. 10. 1 ; Domat, Droit Pub. liv. 1, t. 6, s. 3, n. 1. See 10 Viner, Abr. 139 ; Brown, Civ. Law, 250 ; 1 Swift, Dig. 156 ; 2 Sharswood, Blackst. Comm. 244, 245 ; 5 Binn. Penn. 375 ; 3 Dane, Abr. 140, 0 24 ; Jones, Land Office Titles in Penna. 5, 6, 93; 27 Barb.
N. Y. 376 ; 9 Rich. Eq. So. C. 440 ; 27 Penn. St. 36. 5 Cal. 373 ; 1 Sneed, Tenn. 355 ; 4 labr. N. J. 566 ; 2 Swan, Tenn. 46 ; 4 Md. Ch. Dec. 167 ; 16 Ga. 31.