KFLCC Kingdom Law 2nd Ed.

1133

TAIL, ESTATE IN

TACIT

TACKSMAN. In Scotch law. A tenant or lessee; one to whom a tack is granted. 1 Forb. Inst, p t 2, p. 153. Lat In old English law. Touching the holy evangelists. Fleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis, [looking at the Gos pels,] and not tactis, and it is good enough." Freem. 133. TACTO PER SE SANCTO EVAN GELIO. Lat. Having personally touched the holy Gospel. Cro. Eliz. 105. The de scription of a corporal oath. Limited; abridged; reduced; cur tailed, as a fee or estate in fee, to a certain order of succession, or to certain heirs. TAIL, ESTATE IN. An estate of in heritance, 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 Washb. 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 es tate, provided the entail be not barred, re verts to the donor or reversioner, if the donee die without leaving descendants an swering to the condition annexed to the es tate upon its creation, unless there be a limi tation over to a third person on default of such descendants, when it vests in such third person or remainder-man. Wharton. — Several tail. An entail severally to two; as if land is given to two men and their wives, and to the heirs 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 shall have his moi ety, and the issue of the other the other moiety. Cowell.— Tail after possibility of issne extinct. A species of estate tail which arises where one is tenant in special tail, and a per son 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 possibility of issue ex tinct." 2 Bl. Comm. 124.— Tail female. When lands are given to a person and the female heirs of his or her body, this is called an "estate tail female," and the male heirs are not capable of inheriting it.— Tail general. An estate in tail granted to one "and the heirs of his body begotten," which is called "tail general" because, how often soever such donee in tail be married, his issue in general by all and every such marriage is, in successive or der, capable of inheriting the estate tail per for mam doni. 2 Bl. Comm. 113. This is where an estate is limited to a man and the heirs of his body, without any restriction at all; or, according to some authorities, with no other restriction than that in relation to sex. Thus, tail male general is the same thing as tail male; TACTIS SACROSANCTIS. TAIL.

he would have no right to do but in his capacity as heir. Civ. Code La. 1900, art. 988.— Tacit hypothecation. In the civil law, a species of lien or mortgage which is created by operation of law without any express agreement of the parties. Mackeld. Rom. Law, § 343. In ad miralty law, this term is sometimes applied to a maritime lien, which is not, strictly speaking, an hypothecation in the Roman sense of the term, though it resembles it. See The Nestor, 1 Sumn. 73. 18 Fed. Cas. 9.— Tacit law. A law which derives its authority from the com mon consent of the people without any legis lative 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 property of his debtor, without it being requisite that the parties should stipu late it. This is called "legal mortgage." It is called also "tacit mortgage," because it is es tablished by the law without the aid of any agreement. Civ. Code La. art. 3311.— Tacit relocation. In Scotch law. The tacit or implied renewal of a lease, inferred when the landlord, instead of warning a tenant to re move at the stipulated expiration of the lease, has allowed him to continue without making a new agreement. Bell, "Relocation."— Tacit tack. In Scotch law. An implied tack or lease; inferred from a tacksman's possessing peaceably after his tack is expired. 1 Forb. Inst, p t 2. p. 153. Tacita qusedam habentnr pro expres- •is. 8 Coke, 40. Things unexpressed are sometimes considered as expressed. TACITURNITY. In Scotch law, this sig nifies 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 an intermediate one. See TACKING. In Scotch law. A term cor responding to the English "lease," and de noting the same species of contract. —Tack dnty. Rent reserved upon a lease. The uniting securities given at different times, so as to prevent any inter mediate purchaser from claiming a title to redeem or otherwise discharge one lien, which is prior, without redeeming or discharging the other liens also, which are subsequent to ais 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. The term is also applied to the process of making out title to land by adverse posses sion, when the present occupant and claimant has not been In possession for the full statu tory period, but adds or "tacks" to his own possession that of previous occupants under whom he claims. See J. B. Streeter Co. v. Fredrickson, 11 N. D. 300, 91 N. W. 692. TACK, n. TACKING. TACITE. Lat Silently; Impliedly; tac itly.