Page:Black's Law Dictionary (Second Edition).djvu/1150

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TENANT

fee-simpie. fee-tail, for ilfe, for years, or at WIIL

Comm. 179. Persons who own lands by a joint title created expressly by one and the some deed or wili. Kent. Comm. 357. Joint tenants have one and the some interest, accruing by one and the same conveyance. commencing at one and the some time, and held b one and the same undivided possession. 2 Bl. Comm. 180.—Quasi tenant at suiferance. An under-tenant, who is in possession _at the determination of an original lease, and is perniittcd by the revcrsioner to hold over.—Sole tenant. He that hoids lands by his own light only, without any olher person being joined with bim. owe —'I‘enant avolnnte. L Fr. A tenimt at wi .—5l‘anant at sufferance. One that comes lnto the possession of land by lawful title, but holds over by wrong, after the determination of his interest. 4 Kent. Comm. 116: 2 Bl. Comm. 150: Fieider v. Chiids. 73 . ‘o. 577: Pieasaiits v. Claghoi-n. 2 Miles (Pa.) 30-}: Bright v. l\l('0unt 40 Ind. 525: _‘v:u'ner r. Hannah. 6 Dner (N. Y) 270; Wright _V. Graves. 80 Ala. 41S.—Tena.ni: at will “is where lands or tenements are ill: by one llliill _to nnother. to have and to hold to him at the will of the lessor, by force of which iease the_ lessee is in possession. In this case the lessee is call- ed ‘tenant at wiil,' because he hath no certain nor sure estate, for the lessor may put him out nt whnt time it pleascth him." Litt. § ('-8; Sheet. Post v. Post. 14 Barb. (N. Y.) 258; Spalding: v. Huii. 6 D. O. 125; Cunningham V. Iloitou. 55 Me. 36; Wii1is v. Harreli. 11S Ga. 906. 45 S E. ’i'94.—Tennnt by copy of court roll (shortly. "tenant by copy") is the old-fasb- ioucd name for a copyboldcr. ' . 7.'<l.—-'.l‘en.- ant by the our-tesy. One who, on the death of his wife seised of an estate of inheritance, after having by her issue horn aiive and capable of inheriting her estate. holds the lands and tenements for the term of his life. Co. Litt. 3011," 2 Bl. Comm. 1'.7.6.—Tenant by the manner. One who bus a iess estate than a fee In land wlucli remains in the reveisioncr. He is so call- ed because in avowries and other pleadin.-is it is specially shown in nliat manner he is tenant of the land. in contradistinction to the vcrau tenant, who is called simply “tennnt." Ham. N. I’. 393.—'I'ena.nt for life. One who holds lands or tenements [or the term of his own life, or for that of any other person. (in which case he ls called "pur a-utcr 1:z'c.") or for more lives thnn one. 2 Bl. Comm. 120: In re llyde, 4.1 Hun (N. Y.) T5.—Tena.nt for years. One “ho has the temporary use and possession of lands or tencmcnls not his own, by virtue of a lease or demise granted to him by the owner. for a dctcrminnte period of time, as [or a year or a fixed number of years. 2 Bl. Comm. 140. —-Tenant from year to year. One nlio holds lands or tenements under the demise of (mother, where no certain tcrm hns been mentioned, but on annual rent luis been reserved. See 1 Stcph. Comrh. 271; 4 KDDL Comm. 111. 114. One wiio hoiils over, by consent given either expressly or constructively, after the dctermination of a iease for years. 4 Kent. Comm. 112. See Shore v. Porter. 3 Term, 16; Rothschild v. Williamson. 83 Ind 388: Hunter


Y. Fr t, 47 Minn. 1. 49 N W ; Arhenz v Exit-.v 52 \’V \'n. 476. 44 S. 149. 61 L. R. 5. ‘ i.—Tenant in oapite. In feudnl and oid En,-gli h law. Tenant in chief: one who held

imuiciliately under the king. in fight of his crown and dignity. 2 Bl. Comm. 60.—'I'ena.nt in common. Tenants in common are generally defined to be such as boid the same i:ind together by several and distinct tities, but by unity of possession. because none knows his own scverulty, and therefore liiey all occupy promiscuously. 2 Bl mm. 191. A tenancy in com- mozi is where two or more hold the same land. with interests accruing under ditferent titles. or accruing under the some titie, but at different peilods, or conferred by words of limitation im-

1142

TENA NT—RIGHT

Qorting that the grantees are to take in dis-

tinct shares. 1 Stepli. Comm 323. See Custer

Xi Lorillnrd, 14 Wend. (N. Y.) 336' '’ xi

Llln 118 N. Y. 144, 23 N. E. CH6, 6 I.. R.

. ' Silloway v. Brown, 12 Ailen (M as.)

ge v. Gage. 66 N. H. 25.’, 2:) Atl. 5-13,

28 L. IL A 829: Hunter v. State. 60 Ark. 312. 80 S. W. 42.—'1‘enn.nt in «lower. This I’!

where the husband of a woman is soised of an

estate of Inheritance and dies; in this case the

wife shall have the third part of ail the izinds

and tenements whereof he was srised at any

time during the coverture. to hold to hersclf for life, as her dowcr. Co. Litt. 30: 2 BL Comm

129; Combs ' Xuuiig. 4 Yerg. (Tenu.) 225. 31;‘

Am. Dcc. 22 —Tenant in fee-simlile, (or tenant in fee.) I-Ie a he has lands, tenements.

or he-rcditameuts, to hold to him and his heirs forever, g_cneiaily, absolutely, and s1mpLV: without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law. 2 Bl._Comm. 104: Litt § 1.—'1‘enant in _seve_x'a.1I:y is he who hoids limds and tenements in hia_own _right only, without any other nerson_heing yoincd or connected with him in point of ll.llIel'PSt during his estste therein 2 Bl. Comm. 1T9_.—Tenant: in tall. One who holds an estate in [ee-tail. that is, an estate which. by the instrument creating it. is iiniited to some Dl1_l‘[lCUlBl' heirs. exclusive of others; as to the heirs of his body or to the heirs. male or female, of his hDdy.—Tcun.nt in tail ex provisions v_iri. Where an owner of lands, upon or previously to marrying a wife. scltied liiuils upon him_self and his wife, and the heirs of their tno bodies begotten, and then died, the wife, as sur- VlVDl'. hecame tenant in tiiil of the husband's lands. in consequence of the husband's pi-misinn

(cm p1‘om'si'aiie 1"-iri.) Originaiily, she could hnr the estatc-tnii like any other tenant in tail: but the husbunifs intention having been merely to pruiide for her during her widowhood, and not to enable her to bar his cbiidren of their inheritance, sbo was very ezirly restrained from so doing, by the statute 32 Hen. VII. c. 36. Brnwn.—-Tenant of the demeane. One who is tenant of a mesne lord: us, where A. is ten- iint of 13., and C, of A.. B. is the lord, A, the mesne lord, and C. tenant of the demt-sne. Hum. N. P. 3%. 3.—Teno.nt pnravnlla. The undcr-tenant of innd: that is, the tenant of a tenant; one who held of a mesne lord- Tenant to the priecine. Before the English fines and recoicries act, if land was mnveyed to ii person for life nith remainder to another in mil, the tenant in tail In remainder was unnbie to bar the entiiil without the concurrence of the tenant for life. bewuse a common recovery could only be suffered by the person sensed of the land. In such 21 case, if the tenant for life wished to concur in barring the entail, he usuully con- vcycd his life-estate to some other person, in order that the pro-ciipe in the recovery might be issued against the latter, who was therefore call- N1 the "tenant to the pristine." Wiiliams. Scis. 169: Sweet -—TIsna.nts by the verge "are in thc same nature as tenants by copy of court roll. [i'. e.. copyholdcrs] But the reason why they be cnlied ‘tenants by the verge’ is for that. when they will surrender their tenements into the bands of their lord to the use of another. thi-v shall have a little red (by the customr) in their hnnd, the which they shaii deliver to the steward or to the hnilifo. ' ‘ ‘ and thc stew- ard or bniiife, according to the custome. shali deiiver to lilm that taketh the land the same rod, or another red, in the name of seisin; and for this cause they are called ‘tenants by the i-ergo.‘ but they hnve no other evidence [title-

dced but by copy of court roll.” Litt § 78; Co. itt. 61a.

TENANT-RIGHT. 1. A kind of cus-

tomary estate In the north of England, falling under the generai ciass of copyholLl_ but