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C
§ Agenda or
the
§. Emendanda miscellanæ
(1 §§ Real and personal
Say
Immovable and Moveable
§§. Real and personal instead of immovable and moveable.
In regard to subject matter of property, Mr H.
adheres to the established distinction and division or rather
division without distinction into real and personal.
Immovable and moveable is the distinction prescribed
by the nature of the case, and adopted by Rome-bred
law. The Romebred division keeps light diffused wraps the whole field
over the whole field, the English-bred in stygian darkness.
Real is adjective given The language not
affording any adjective conjugal indicative of quality
to the substantive things — such as would be thingal or thingest
for instance — a conjugate which should be to things, as
real is to re and personal is to persons, those whose language is highest we have hitherto
been obliged to employ in the stead of it what may the adjective real as a makeshift substitute
to the conjugate, a
makeshift which may be
called a quasi conjugate. Real and personal?
what nonsense! and what interminable undispellable confusion is the
result of this nonsense. With how much less propriety
does the appellation thing belong to a coat or a horse than a house
or piece of land? If there was a difference it should
rather be in favour of the coat or the horse: for those
portions of matter respectively are each of them clearly distinct and
by indubitable marks lines separate from every other: which
is not the case in an equal degree with a piece of land, or even with a
house. Then as to personal: what other or more intimate
relation does do the coat or the horse bear to the person of
the proprietor than the the land or the house? The coat
he carries upon his back: the horse he rides upon: of the land
if it has trees on it, of the house if it has a roof on it, those
are parts with which he never comes in contact.
Identifier: | JB/078/103/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-09-19 |
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078 |
Review of Humphreys |
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103 |
Review of Humphreys |
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001 |
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Text sheet |
1 |
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recto |
E1 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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25194 |
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