Page:Black's Law Dictionary (Second Edition).djvu/1141

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


TACIT

he would have no right to do but in his capacity as heir. Civ. Code La. 1900. art. 988.-—'.l.‘aeit liypothecation. In the civil law, a S1it‘\"lPS of lien or mortgage which is created by operation of law without any express agreement of the parties. .\Iackeld. Rom. Law. _§ 343. In ad- miralty law. this term is sometimes applied to ii maritime lien, which is not. strictly speaking, an hypothecation in the Roman srrnse of the term. though it resembles it See The Nestor, 1 Siimn. T3. 13 Fed. Cas. 9.—Ta.cit law. law which derives its authority from the com- mon consent of the people without any legislative enactment. 1 Bouv. Inst. no. 1'.70.—Tnoit mortgage. In the law of Louisiana. The law alone in certain cases gives to the creditor ii mortgage on the property of his debtor, without it being requisite tbiit the parties should stipu- late it. This is called “legal mortgage." It is called also “tacit mortgage." because it is established by the law without the aid of any agreement. Civ. Code La. art. 3311.—Tnnit relocation. In Scotch law. The tacit or implied renewal of a lease. inferred when the landlord. instead of warning a tenant to remove at the stipulated expiration of the lease. has allowed him to continue without making a new agreement. Beli, “Ilelocation."—Tacit tack. In Scotch law. An implied tack or lease: inferred from a taclismanis possessing peaceably after his tack is expired. 1 Forb. Inst. pt 2. p. 153.

Tacit: qnmdnm habentnr pro ex1|1'eI- -ia. B Coke. 40. Things unexpressed are sometimes considered as expressed.

TACITE. Lat. Silently; iniplledly: tat} itly.

TACITURNITY. In Scotch law. this signifies Inches in not prosecuting a legal claim, or in acquiescing in an adverse one. Mozley dz Whitley.

TACK, v. To annex some junior lien to ii. first lieu, thereby acquiring priority over an intermediate one. See TACKXNG.

TACK, n. In Scotch law. A term C01‘- responding to the English "lease," and de- noting the same species of contract.

—Tack duty. Ileiit l'L‘SPl'\«l-‘ll upon a len:

TACKING. The uniting securities given at different times, so as to prevent any intermediate purchaser from claiming a title to redeem or otherwise discharge one lien, which is prior, withont redeeming or discharging the other liens also, which i1l'e subsequent to his own title. 1 story, Eq. Jur. § 412.

The term is 1)i11'ticiilarly applied to the action of a third mortgagee who, by hnylng the first lien and uniting it to his own, gets pi-iorlty over the second mortgagee.

The term is also applied to the process of making out title to land by adverse possession, when the present occupant and claimant has not been in possession for the full statutory period, lint adds or “tar-ks" to his own possession that of previous occupants under whoni he claims. See J. B. Streeter Co. v. Fredrickson, 11 N. D. 300, 9] N. W. 692.

1133

TAIL, ESTATE IN

TACKSMAN. In Scotch law. A tenant or lessee: one to whoru a tack is granted. 1 Forb. Inst. pt. 2, p. 153.

TACTIS SACROSANCTIS. Lat. In old English law. Touching the holy evangelists. Fleta, lib. 3, c. 16, 5 21. “A bishop may swear cisis eoaiigoliis, [looking at the Gospels,] and not tactic, and it is good enough." Freem. 133.

TACTO PER SE SANCTO EVAN- GELIO. Lat. Having personiitly touched the holy Gospel. Oro. Eliz. 105. The description of a corporal oath.

TAIL. Limited; abridged; reduced; curtailed, as a fee or estate in fee to a certain order of succession, or to certain heirs.

TAIL, ESTATE IN. An estate of inheritance, which, instead of descending to heirs generally, goes to the heirs of the donee‘s body, which means his lawful issue, his children, and through them to his grand- children in a direct line, so long as his poterity endures in a regular order and course of descent, and upon the death or the first owner without issue, the estate determines. 1 Washb. Real Prop. ‘72.

An estate tail is a freehold or inheritance. limited to a person and the heirs of his body. general or special, male or female, and is the creature of the statute do Donia. The estate, provided the entail be not barred. re- rerts to the donor or reversioner, if the donee die Without leaving descendants answering to the condition annexed to the estate upon its creation, unless there be a limitation over to :1 third person on default of such descendants, when it vests in snch third person or remainder-man. Wharton. —-Several tail. An entail severally to tw ' as if land is given to two men and their wire and to the beirs of their bodies begotten: here the donees have a joint estate for their two lives, and yet they have a several inheritance. because the issue of the one sbiill lime his mol- ety, and the issue of the other the other moiety. Cowell.—Tnil after possibility of issue extinct. A species of estate tail which arises where one is tenant in spe_cial tail, and a person from whose body the issue was to spring dies without issue, or, having left Issue. that issue becomes extinct In either of these cases the surviving tenant in special tail becomes "tenant In tiiil after possibility of issue extinct." 2 Bl. Comm. l24.—-'.l‘all female. “"beii lands are given to a person and the female heirs of his or her bodv. this is c-illeil an “estate tail female." and the male heirs are not capable of inheritini: it.—-'.'l‘:iil general. An estate in tail granted to one _“ani| the heirs of his body begotten," which is c'ill(-d “tail general" because. ll0W often soever such dance in tail be married. his issue in general by all and everv such marriage is, in successive order. ciipable of inheriting the estate tail per formam dam". 2 Bl. Comm. 1I3 his is where sin estate is limited to a man and the heirs of his body, without any restriction at nil: or, according to some authorities, with no other restriction than that in relation to sex. Thus

7 tail male general is the same thing as tall male;