Page:Prerogatives of the Crown.djvu/254

 234 Bevenue. — Escheats. [Ch.XI. SecL But where a mortgagor of freehold property was attainted of high treason, the Court would not decree a foreclosure against the Crown, but directed that the mortgagee should hold and enjoy the mortgaged premises, till the Crown thought fit to re- ' ' deem the estate {a). It has been held, that where the character of land is not imperatively and definitively fixed upon money, by the terms of a will, or other instrument, a Court of Equity will not order it to be laid out in land, in order to let in the Crown, claiming by escheat {h). It seems, however, to be a general rule, that the Crowii, when it takes by escheat, is free from equitable claims (c), as if a trustee die without heirs, the King is not subject to the trusts {d}. And where tlie inherit- ance escheats, and there is an outstanding term which is at- tendant thereon, the lord, by escheat, will be entitled to such term {e). But it is said, that mortgaged lands escheat on the death of the mortgagee in fee, ¥rithout heirs, subject to the mortgage (/). The King's pardon does not prevent the escheat to the lord when vested [g) ; and though a pardon will enable the party to transmit after acquired property to his children, yet an Act of Parliament reversing the attainder is necessary, to remove the stain or corruption of blood entirely [h), y^ • '' -, y'^^^^ mode by which the Crown obtains property to which may be observed in this place that an office or inquisition is in general unnecessary (/) ; though an entry should, it seems, be made on the part of the Crown, for the failure and neglect to claim or the doing any act which amounts to an implied waiver of the right of the claimant by escheat, (as accepting homage, _ S i^^ some instances, rent of a stranger, who usurjos the pos- ^^ session, &c.) may at all events, in the case of a subject, effec- tually bar the title by escheat (^). (fl) 2 Atk. 223. (0 5 T?ac. Ab. b^^, ante 22^ When (ft) 2 Ves. jun. 170. necessary in the case of an alien pur- (c) 1 Bla. Rep. 143. chasing land, ibid, (rf) 3 Crime Dig. 497, 8. {k) See Co. Lit. 268. 2 Bla. Com, (e) 1 Vern. 340. 244, 5. 5 Bar. Ab. 497, tit. Preroga- (/) 1 Bla. Rep. 170. tive. 3 Cruise Dig. 494. However (g) 1 Chitty, Crim. L. 742. Owen, no laches is imputable to the King : 87. 2 Bla. Com. 254. but a recognition of another's title (A) Ibid, ante, c. 7. s. 2. div. 4. by express acts is another considera- 1 Hale, 358. 3 lust. 240, I. tion. The
 * '^ ^^^'^ '^^is entitled by escheat, will be considered hereafter. But it