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6 Augt 1804
If a man hath issue
a son, and is attainted
& afterwards pardoned,
& then hath issue a
second son, and dies;
here the corruption of
blood is not removed
from the eldest & therefore
he cannot be heir:
neither can the youngest
be heir, for he hath an
elder brother living, of
whom the law takes notice
as he once had a
possibility of being heir,
& therefore the younger
brother shall not inherit,
but the land shall escheat
to the lord: tho',
had the elder died
without issue in the
life of the father, the
younger son born after
the pardon might well
have inherited, for he
hath no corruption of
blood. II 255
In the case of a sole
corporation, as of a parson
of a church, when he
dies of resigns, tho' there
is no actual owner of
the land till a successor
be appointed, yet there
is a legal, potential
ownership, subsisting
in contemplation of
law. II 261
De minimis non
curat lex II 262
It...is... necessary for
corporations to have a
licence of mortmain
from the crown, to enable
them to purchase lands:
for as the king is the
ultimate lord of every
fee, he ought not,
unless by his own consent,
to lose his privilege of
escheats & other feudal
---page break---
profits, by the vesting of
lands in tenants that
can never be attainted
or die. II 269
A deed also, or other
grant, made without
any consideration, is, as
it were, of no effect:
for it is construed to
enure, or to be effectual,
only to the use of the
grantor himself., II 290
A deed... written on
stone, board, linen, leather,
or the like, is no deed.
II 297
Livery of seisin... if
the conveyance or feoffment
be of divers lands
lying... in several
counties, there must be
as many liveries as
there are counties. For,
if the title to these lands
comes to be disputed,
there must be as many
trials as there are
counties, & the jury of
one country are no judges
of the notoriety of fact
in another II 315.
Modus levandi fenis is
....is as follows...
The party to whom the
land is to be conveyed
or assured, commences
an action or suit at
law against the other,
generally an action of
covenant, by suing out
a writ, or precipe,
called a writ of covenant:
the foundation of which
is a supposed agreement
or covenant, that the
one shall convey the
lands to the other; on
the breach of which
agreement the action
is brought. II 330
And, as in the goods
of an enemy, so also in
his person, a man may
acquire a sort of qualified
property, by taking
him a prisoner
in war....And this
doctrine seems to have
been extended to negro-
servants, who are purchased,
when captives,
of the nations with
whom they are at war,
& continue therefore
in some degree the
property of their masters
who buy them: though,
accurately speaking,
that property consists
rather in the perpetual
service, than in the
body, or person of the
captive. II 402
Animals ferae naturae,
all mankind
had by the original
grant of the creator
a right to pursue &
take.... & this natural
right still continues in
every individual, unless
where it is restrained
by the civil laws of
the country. II 403
No man, but he who
has a choise or free
warren, by grant from
the crown, or prescription
which supposes one,
can justify hunting
or sporting upon another
man's soil.
II 417
A prescription....
presumes a grant.
II 418.
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