Blacks Law Dict. 1st ed

TAIL, ESTATE "IN

1149

TAO FREE

TACKING. The uniting securities giv en at different times, so as to prevent any intermediate purchaser from claiming a title to redeem or otherwise discharge one lien, which is prior, without redeeming or dis charging the other liens also, which are sub sequent to his own title. 1 Story, Eq. Jur. §412. The term is particularly applied to the ac tion of a third mortgagee who, by buying the first lien and uniting it to his own, gets pri ority over the second mortgagee. TACKSMAN. In Scotch law. A tenant or lessee; one to whom a tack is granted. 1 Forb. Inst. pt. 2, p. 153. TACT IS SACROSANCTIS. In old English law. Touching the holy evangel ists. Fleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis, [looking at the Gospels,] and not tactis, and it is good enough." Freem. 133. TACTO PER SE SANCTO EVAN GELIO. Having personally touched the holy Gospel. Cro. Eliz. 105. The descrip tion of a corporal oath. TAIL. Limited; abridged; reduced; cur tailed, as a fee or estate in fee, to a certain order of succession, or to certain heirs. TAIL AFTER POSSIBILITY OF ISSUE EXTINCT. A species of estate tail which arises where one is tenant in special 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 tail after pos sibility of issue extinct." 2 Bl. Comm. 124. 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 pos terity endures in a regular order and course of descent, and upon the death of the first owner without issue, the estate determines. 1 Wasbb. Real Prop. *72. An estate tail is a freehold of inheritance, limited to a person and the heirs of his body, general or special, male or female, and is the creature of the statute de Donis. The estate, provided the entail be not barred, reverts 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

TACFB.EE. In old records. Free from the common duty or imposition of tac. Cow ell. TACIT. Silent; not expressed; implied or inferred; manifested by the refraining from contradiction or objection; inferred from the situation and circumstances, in the absence of express matter. Thus, tacit con sent is consent inferred from the fact that the party kept silence when he had an op portunity to forbid or refuse. TACIT LAW. A law which derives its authority from the common consent of the people without any legislative enactment. 1 Bouv. Inst. no. 120. TACIT MORTGAGE. In the law of Louisiana. The law alone in certain cases gives to the creditor a mortgage on the prop erty of his debtor, without it being requisite that the parties should stipulate 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. Civil Code La. art. 3311. TACIT RELOCATION. In Scotch law. The tacit or implied renewal of a lease, in ferred when the landlord, instead of warn ing a tenant to remove at the stipulated ex piration of the lease, has allowed him to continue without making a new agreement. Bell, "Relocation." TACIT TACK. In Scotch law. An im plied tack or lease; inferred from a tacks man's possessing peaceably after his tack is expired. 1 Forb. Inst. pt. 2, p. 153. Tacita qusedam habentur pro expres sis. 8 Coke, 40. Things unexpressed are sometimes considered as expressed. TACITE. Lat. Silently; impliedly; tac itly. TACITURNITY. In Scotch law, this signifies laches in not prosecuting a legal claim, or in acquiescing in an adverse one. Mozley & Whitley. TACK, v. To annex some junior lien to a first lien, thereby acquiring priority over «n intermediate one. TACK, n. In Scotch law. A term cor responding to the English "lease," and de noting the same species of contract. TACK DUTY. Rent reserved upon a lease.

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