JB/030/148/001

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1828 Sept. 28
Blackstone or Civil Code

☞ Ketch like use of a Ship

Subject matter things of the class. Efficient cause of
commencement of legal possession, blameless confusion of matter belonging to one party
Taken as Law as she ought to be
with matter betw of the same kind in a different hand
with matter belonging to another.

Taken or say Law as she ought to be.

Here I step in and say, let the aggregate belong
to him who is in possession of the portion of immoveable
matter on which the mass of moveable matter
rests: subject to the obligation of rendering to the other
possessor a service in value as near to equivalent as the nature
of the case admitts.

Reasons –
1. In this case no a trespass upon an immoveable is not necessary
in the other case it would be.
2. By the circumstance of his being in possession of the immoveable
substraction a presumption is afforded, of solvency
to the purpose of security the transmission and receipt
of the equivalent as above: not so, on the part
of the other proprietor.

N.B. In this case for the Disappointment prevention Anti-disappointment
principle no decision is supposed to be pronounced in favour
of either. The disappointment with its attendant pain would
on each part (value of the matter lot being supposed the
same) the same as the other part.

Identifier: | JB/030/148/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-09-28	Marginal Summary Numbering
Box	030	Main Headings
Folio number	148	Info in main headings field	rights blackstone or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9655
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