Page:Black's Law Dictionary (Second Edition).djvu/496

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FEE—SIMPLE

Fla. 785: Lyle v. Richards, 9 Serg. & R. (Pa.) 374; Loventhal v. Home Ins. Co., 112 Am. 108, 20 South. 419. 33 L. R. A 258, 57 Am. St. Rep. 17; Dumont v. Dufore, 27 Ind. 267.

Fee-simple signifies a pure fee; an absolute cstntc of iulieiitance: that which a poison holds inheritnhie to him and his heirs gonerni forever. It is called “ice-simnie.” that is, “pure,” hecause clear of any condition or restriction to particuinr heirs, being descendible to the heirs general, whether maie or female, iinevil or collateral. It is the liirgcst estate and most ex-

tensive interest that can he enjoyed in land,

ht-ing the entire pI'Dpei't.y therein, and it con- fers un unlimited power of aiienation. Haynes V. Bourn. 42 Vt. 096.

A fce-siniplc is the largest estate known to the inn and where no words of quniification or limitation aie n-lded, it means an esthe in possessioii. nnd owned in scveraity. It is undoubtedly true that a person may own a remainder or reversion in fee. But such an estate is uni. a fee simple; it is a fee qualified or iirnitnd. So, when it person owns in com- mon with another. he does not our: the entire fer-..—a tee-simple: it is a fee divided or shared with another. Brnckett v. Iiidion. 54 Me. 426.

Absolute and oonditiluinl. A fee simple ahsoiute is an eFl'ltt- which is limited ahsoiute- iy to it man and his heirs and assigns forever. without ouy iimitation or condition. Frisby V. Eailnnce, 7 ill 144. At the common in estate in fee simple conditional was a fee ed or restrained to some particular heirs, ex- clusive of others. But the statute “De oni.‘ converted all such estates into estates tail. 2 Bl. Comm. 110.

FEE-TAIL. An estate tail: an estate of inherit-int-e given to a man and the heirs of his body, or limited to ceit.iin classes of particuiar heirs. It corresponds to the fcmlimi talliatmn, of the feudal law, and the idea is beliei ed to have been borrowed from the Ro- man law, where, by way of mini oo1mm'.<su., lunds might he entailed upon children and freedinen and their descendants, with restrictions as to aiienntion. 1 ii-'ashh. Real Prop. '66. For the varieties and special characteristics of this kind of estate, see TAIL.

FEED. strengthen cu: post factn. when it accrues lords the estoppei." mus v. Oliver, 5 Mood. 8: R. 202.

To lend additionni support; to “The interest Christ-

FEGANGI. In old English law. A thief caught v.hi.ie escnpin,-_z with the stolen goods In his possession. Siieltnnn.

FEHMGERICHTE. The name given to certain secret triiiunais -which flourished in Germany from the end of the twelfth century to the middie of the sittoenth, usnrping many of the functions of the governments which were too weal: to maintain law and orricr, and i.us1iirin,z dread in all who came within their jurisdiction. Pliic. Brit. Such a (-ni.rt existed in Westnhali-.i (li"iI)l.l__'l1 with greatlr diminished powers) u.ntii finally suppressed in 1S11.

FEIGNED. Fictitious: poeltitious; simulnied.

—Feigned ncoompljoe. One who pretends to consult and act with others in the planning

pretended; sup-

488

FELO DE SE

or commission of a crime, but only for the purpose of discovering their plans and confeder- ates mu] securing evidence against them. See People v. Bolamer, 71 Cal. 17. 11 Pac. S00.- Feigned nation. In ctice. An action hrou,r:ht on o pretended 1' hr, when the plaintiff has no true c.tn.se of a ion, for son)!‘ iii»- gai purpose. In a f(‘lgD(‘(l action the Vithlt u( the writ are true. it diliers from fuisc i~ lion. in which case the words of the writ are fnlv-. Co. Litt. 36 —Feigncd diseases. Simulated maladies. D ascs are generniiy feigned fr'ni one of three ca i.ses.—fear, shame, or the hope if guin..—-Feigned issue. An issue made up h_ the direction of a court of equitv, (or by mu- scnt of parties,) and sent to a eomrnon-i-Ht court, for the purpose of 0ll[aiiiin" the wt- dict of :1 jun; on some disputed matter of in t the court has not jiiiisilirtinii, or is n is g. to decide It rests upon a siippositi-on \4V'_fi$cf between the parties. See 3 Bi. |'»\uD. o‘..

FELAGUS. In Saxon law. One bound for another by onth; :1 sworn brother. A friend hound in the (it-‘.‘CEl.llL‘il'_\' for the [uud hehavior of another. One who tool: the iillife of the deceased. Thus, if 11 person was murdered, the recompense due from the iiinrdcrcr went to the fclugus of the slain, in default of parents or lord. Cunningham.

PI-JLD. A field; in composition, wild. Blount.

FELE. FEAL. L. Fr. Faithful. SOB Fnan.

FELLATION. See Sooomr.

FELLOW. A companion; one with whom

we consort; one 1oined with another in some legal status or relation; 3 member of a coi- lege or corporate body.

FELLOWJ-.EIR. A co-heir; partner of the same inheritance.

FELLOW-SBRVANTS. “The decided weight of authority is to the effect that all who serve the same master, Work nndei the same control, derive authority and compensation from the same common source, and are emngcd in the same general business, thoug ti it may be in different grades or Llepnitinents of it, are fellow-servniits, \\ ho take the riw of each other's negligence.” 2 Thomi». Neg. p. 1026, § 31. And see McAndi-ewe v. Burns. 39 N. J. Law, 119: Justice v. Pennsyiinnia Co., 130 Ind. 321, 30 N. E. 303: W New York Cent. R. Co.. 2.5 N. Y. 56 : v. Kansas City Bolt Co., 153 M0. 327, 5.. S. W. SS; Eruneii v. Southern Pnc. Co.. 31 Or. 256. 56 Fat. 129; Doughty v. Penoliscot Log Driving Co., 76 Me. 1-16; Mciiiaster v. in- inois Cent. R. Co., 65 Miss. 264, 4 South. 59. 7 Am. St. Rep. 633: Daniels v. Union Ric. Ry. Co., (3 Utah. 357, 2; Puc 762; “ecu V. Scharer, 123 Fed. 335, 04 C. G. A. 11.

FELO DE SE. A felon of himself: a suicide or murderer of himself. one who

deliberately and intentionally puts an end to