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20 July 1804 10
It is an ancient
maxim of the law, that
no title is completely
good, unless the right
of possession be joined
with the right of property;
which right is
then denominated a
double right, jus duplicatum, or droit droit.II 199
2
It seems founded on
a principle of natural
reason, that (whenever a
right of property transmissible
to representatives
is admitted) the possessions
of the parents should
go, upon their decease,
in the first place to their
children, as those to
whom they have given
being, and for whom
they are therefore bound
to provide. II 210.
3
3
All rules of succession
to estates are creatures of
the civil polity, & juris
positivi merely. The
right of property which
is gained by occupancy,
extends naturally no
farther than the life
of the present possessor;
after which the land
by the law of nature
would again become
common & liable to be
seized by the next occupant
.... There is
certainly therefore no
injutice done to individuals,
whatever be the
path of descent marked
out by the municipal
law. II 211.
4
This then is the great
& general principle,
upon which the law of
collateral inheritances
depends; that, upon
failure of issue in the
last proprietor, the
estate shall descend to
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the blood of the first
purchasor, or, that it
shall result back to the
heirs of the body of
that ancestor from whom
it either really has, or
is supposed by fiction
of law to have, originally
descended. II 223.<add>229</add>
5
If I give land freely
to another, he is in the
eye of the law a purchasor;
& falls within Littleton's definition,
for he
comes to the estate by his
own agreement, that is,
he consents to the gift.
A man who has his father's
estate settled upon
him in tail before he is
born, is also a purchasor,
for he takes quite
another estate than the
law of descents would
have given him. Nay
even if the ancestor divises
his estate to his heir
at law by will, with
other limitations, or in
any other shape than
the course of descent
would direct, such heir
shall take by purchase. II 241.
6
When a man takes an
estate by purchase ... he
takes it at feudum antiquum,
as a feud of
indefinite antiquity. II 243.
Escheat ... denotes an
obstruction of the course
of descent ... in which
case the land naturally
results back, by a kind
of reversion, to the original
grantor or lord
of the fee. II 244.
7
The law of escheats
is founded upon this
single principle, that the
blood of the person last
seized in fee-simple is
.... utterly extinct and
gone. II 245.
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</head> 8
Aliens ... are tak incapable
of taking by descent
or inheriting: for they
are not allowed to have
any inheritable blood
in them. II. 249.
9
Sir Edwd Coke also holds
that if an alien cometh
into England, & there
hath issue two sons, who
are thereby natural
born subjects; & one of
them purchases land
& dies; yet neither of
these brethren can be heir
to the other. For the
commune vinculum or
common stock of their
consanguinity is the father;
&, as he had to inheritable
blood in him,
he could communicate
none to his sons; and
when the sons can by
no possibility be heirs to
the father, the one of
them shall not be heir
to the other. II 250.
Since overruled
10
The only feodul foundation
upon which newly
purchased land can possibly
descend to a brother,
is the supposition
& fiction of law, that it
descended from some
one of his ancestors.
II 260
11
By attainder ... for
treason or other felony,
the blood of the person
attainted is so corrupted
as to be rendered no longer
inheritable. II 281.
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