KFLCC Kingdom Law 2nd Ed.

488

FEE-SIMPLE

FELO DE SE

Fla. 785; Lyle v. Richards, 9 Serg. & R. (Pa.) 374; Loventhal v. Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 L. R. A. 258, 57 Am. St'Rep. 17; Dumont v. Dufore, 27 Ind. 267. Feersimple signifies a pure fee; an absolute es tate of inheritance; that which a person holds inheritable to him and his heirs general forever. It is called "fee-simple," that is, "pure," be cause clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or col lateral. It is the largest estate and most ex tensive interest that can be enjoyed in land, being the entire property therein, and it con fers an unlimited power of alienation. Haynes v. Bourn, 42 Vt. 686. A fee-simple is the largest estate known to the law, and where no words of qualification or limitation are added, it means an estate in possession, and owned in severalty. It is un doubtedly true that a person may own a re mainder or reversion in fee. But such an es tate is not a fee-simple; it is a fee qualified or limited. So, when a person owns in com mon with another he does not own the entire fee,—a fee-simple; it is a fee divided or shared with another. Brackett v. Ridlon, 54 Me. 426. Absolute and conditional. A fee simple absolute is an estate which is limited absolute ly to a man and his heirs and assigns forever, without any limitation or condition. Frisby v. Ballance, 7 111. 144. At the common law, an estate in fee simple conditional was a fee limit ed or restrained to some particular heirs, ex clusive of others. But the statute "De Donis" converted all such estates 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 fidei commissa, lands might be entailed upon children and freedmen and their descendants, with restric tions as to alienation. 1 Washb. Real Prop. •66. For the varieties and special character istics of this kind of estate, see TAIL. FEED. To lend additional support; to strengthen ex post facto. "The interest when it accrues feeds the estoppel." Christ mas v. Oliver, 5 Mood. & R. 202. FEGANGI. 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 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. Fictitious; pretended; sup posititious; simulated. —Feigned accomplice. One who pretends to consult and act with others in the planning

or commission of a crime, but only for the pur pose of discovering their plans and confeder ates and securing evidence against them. See People v. Bolanger, 71 Cal. 17, 11 Pac. 800.— Feigned action. In practice. An action brought on a pretended right, when the plain tiff has no true cause of action, for some ille gal 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 maladies. 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 con sent of parties,) and sent to a common-law court, for the purpose of obtaining the ver dict of a jury on some disputed matter of fact which the court has not jurisdiction, or is un willing, to decide. It rests upon a suppositious 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. FELLATION. See SODOMY. FELLOW. A companion; ona with whom we consort; one joined with another in some legal status or relation; a member of a col lege or corporate body. FELLOW-HEIR. A co-heir; partner of the same inheritance. "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. And see McAndrews v. Burns, 39 N. J. Law, 119; Justice v. Pennsylvania Co., 130 Ind. 321, 30 N. E. 303; Wright v. New York Cent. R. Co., 25 N. Y. 565; Glover v. Kansas City Bolt Co., 153 Mo. 327, 55 S. W. 88; Brunell v. Southern Pac. Co., 34 Or. 256, 56 Pac. 129; Doughty v. Penobscot Log Driving Co., 76 Me. 146; McMaster v. Ill inois Cent R. Co., 65 Miss. 264, 4 South. 59, 7 Am. St Rep. 653; Daniels v. Union Pac Ry. Co., 6 Utah, 357, 23 Pac. 762; Weeks v. Scharer, 129 Fed. 335, 64 C. C. A. 11. FELO DE SE. A felon of himself; a suicide or murderer of himself. One who deliberately and intentionally puts an end to FELLOW-SERVANTS.