Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1854-05-18


pens to have no heirs, it goes to the King, who
stands graciously ready to nab any valuable
cor..er lots, when the proper population does not
turn up.
'' Our Bracton says that the word fee is
derived from the Saxon word fcud or fight, be-
cause all the tenants used to be continually fight
ing for their landlords and in contemplation Of
law, were supposed to be Perpetually standing
outside tlle gate, armed and equipped and ready
for a breeze at the shortest notice; these were
called 'retainers, hence our term of Retainers
so that if John Doe retains \. B., counsellor at
law. TO defend him, at the suit of Richard Roe,
tLsSaid q. 3. is supposed to march about town,
wI,ss... pand of music and battle-axe, ready TO
touzel, maui, and maltreat the said John Doe,
TO wit, at the county aforesaid-and probably
take depositions in uniform.
g. Estate for life, is a less estate than fee,
and may be created by deed : bnt you cannot
create AN estate by deed for more than three
lives, unless, perhaps, one Of 'em should be q
cats and then it would probably extend to ten
or eleven.
"' Curtesy is an estate for life by the act Of
the law, though cnrtesies are sometimes the acts
woman seized Of an estate or inheritance > and
if the smallpox or seven years itch were here
ditary in the wifes family, and one of 'em should
seize her, this would be sezen by Inheritance
but first he must have children born alive, 9TH
erwise the law says TO him, You amt in
=. Tenant. for-life is entitled to emblements, OF
away growing crops ; and if man should
plant a patch Of peas and potatoes, and then
move Off in the eyes of the law, the peas and po-
tatoes are supposed to follow him; and if you
looked sharp, you would doubtless see them
climbing over the fence after him, and calling
out 10 be dug; the same is true of trees and
shrubs, and this is what terrified Macbeth, so
when he saw Biraham- ood coming to Dunsi-
name : for when he saw the emblements' NOV
ing, he was lawyer enough TO know that there
was change going on of landed proprietors that
boded him TO good.
q The tenant for-lile also takes all the catnip
and boncset on his place, because they belong
TO ths soil but the law would not compel him to
taxi them unless he wanted 10, and if they
wsre c.ade into tea, Spellman thinks he could
put in little milk and sugar. a tenant for-liGc
is entitled to cut wood, and If the landlord should
interfere and raise muss, he would be COM
PEELED to cut a stick; but though tcnant-for-
life is entitled to cut wood yet if his son should
white the fence, or mutilate the parlor chairs,
or throw down the axe, and the landlord should
come in, and they should have regular pitched
battle over the fallen furniture, it would clearly
be an action on the case, and the landlord
would recover.
When man owns the soil, he owns it clear
up to the sky and down to the other place.
but can't build my house as to overhang my
neighbor's, and if he has a window built so long
that the memory Of man doesn't run anywhere
e'se, you can't stop that window up; for it is
an ancient light, and therefore, if yon should
60 and look in at the window you would be gull
ty of obstructing ancient lights and he could
take your head off even with the window sill, but
no farther, using no more force than was neces-
sary and if an old man should die of consump-
ton, that ould be an obstruction Of ancient
lights ; but the law would not undertake TO pro-
vide remedy, not being undertaken in such
circumstances. How far The principle Of anci-
ent lights extends, is, perhaps, doubtful ques
ton, as most legal questions are ; if you agree
to let your neighbor keep his window open, and
he keeps it open for any length Of time, IT docs
not become an ancient light : and You may
shut the shutters on him at any time; but if he
opens it against your will, though you should
so and shake your fist against him every day
for twenty one years or thereabouts, it becomes
an ancient light in spite Of you, and he could
blow wads out of it at you every morning, be-
fore breakfast, if he wanted to, and you'd have
no remedy.
All real estate may bo bought and sold; for
this purpose we have real estate agents, who
generally take the property Us a part Of their
commissions and when property is conveyed in
this way; the buyer is said to be in my pur-
chase that is, if he pays for it; but there is
another way Of coming by property by which
man, in legal phrase, is said TO lie : in by de-
scent : but we don't suppose that if a man should
tumble out Oft three-story window, into bas-
ket of eels, he'd be sin by descent in such a
manner as that he could hold the property
long.
Every mans land is called his close and is
supposed to be surrounded 10y en- ideal, invisible
boundary or wall, which exists only in the eye
of the law the law being generally wall eyed
and befogged; though nobody can see ii, yet if
any person oversteps this boundary, he is guilty
of trespass and its no excuse for him to say
he couldn't see it, for the law says to him, it S
all in my eye and this is trespass qare eldu.
sum fregit ; and if man should be chasing q
rabbit, and the rabbit should run over this line,
every action Of the rabbit thereafter is void; as
no one can take advantage of their own wrong,
and the law would not permit him to move a
step farther, though the man could easily catch
him so if man wore wig, and should sleep
at tavern and put his wig in his pantaloons