Blacks Law Dict. 1st ed

482

FELLOW-SERV ANTS

FEE-SIMPLE

many of the functions of the governments which were too weak to maintain law and order, and inspiring dread in all who came within their jurisdiction. Enc. Brit. Such a court existed in "Westphalia (though with greatly diminished powers) until finally sup pressed in 1811. FEIGNED ACTION. In practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true. It differs from false action, in which case the words of the writ are false. Co. Litt. 361. FEIGNED DISEASES. Simulated mal adies. Diseases are generally feigned from one of three causes,—fear, shame, or the hope of gain. FEIGNED ISSUE. An issue made up by the direction of a court of equity, (or by consent of parties,) and sent to a common law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is unwilling, to decide. It rests upon a sup posititious wager between the parties. See 3 Bl. Comm. 452. FELAGUS. In Saxon law. One bound for another by oath; a sworn brother. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was mur dered, the recompense due from the murderer went to the felagus of the slain, in default of parents or lord. Cunningham. FELD. A field; in composition, wild. Blount. FELE, FEAL. L. Fr. Faithful. See FEAL. FELLOW. A companion; one with whom we consort; one joined with another in some legal status or relation; a member of a college or corporate body. FELLOW-HEIR. A co-heir; partner of the same inheritance. FELLOW-SERVANTS. "The decided weight of authority is to the effect that all who serve the same master, work under the same control, derive authority and compen sation from the same common source, and are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants, who take the risk of each other's negligence." 2 Thomp. Neg. p. 1026, § 31.

hereditaments, as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another. Wharton. In American law. An absolute or fee simple estate is one in which the owner is en titled to the entire property, with uncondi tional power of disposition during his life, and descending to his heirs and legal repre sentatives upon his death intestate. Code Ga. 1882, § 2246. Fee-simple signifies a pure fee; an absolute es tate of inheritance; that which a person holds in heritable to him and his heirs general forever. It is called "fee-simple," that is, "pure," because clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or collateral. It is the largest estate and most extensive interest that can be enjoyed in land, being the entire property therein, and it confers an unlimited power of aliena tion. 42 Vt. 686. A fee-simple is the largest estate known to the law, and, where no words of qualification or lim itation are added, it means an estate in possession, and owned in severalty. It is undoubtedly true that a person may own a remainder or reversion in fee. But such an estate is not a fee-simple; it is a fee qualified or limited. So, when a person owns in common with another, he does not own the entire fee,—a fee-simple; it is a fee divided or shared with another. 54 Me. 426. FEE-SIMPLE CONDITIONAL. This estate, at the common law, was a fee re strained to some particular heirs, exclusive of others. But the statute Be Donis con verted all such into estates tail. 2 Bl. Comm. 110. FEE-TAIL. An estate tail; an estate of Inheritance given to a man and the heirs of his body, or limited to certain classes of par ticular heirs. It corresponds to the feudum talliatum of the feudal law, and the idea is believed to have been borrowed from the Ro man law, where, by way of fldei commissa, ands might be entailed upon childien and freedmen and their descendants, with restric tions as to alienation. 1 Washb. Real Prop. •66. FEED. To lend additional support; to strengthen ex post facto. "The interest when it accrues feeds the estoppel." 5 Mood. & R. 202. F E G A N G I. In old English law. A thief caught while escaping with the stolen goods in his possession. Spelman. FEHMGERICHTE. The name given to certain secret tribunals which flourished in Germany from the end of the twelfth cen tury to the middle of the sixteenth, usurping

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