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20 July 1804<lb/><note>10</note><lb/><gap/><lb/>It is an ancient<lb/>maxim of the law, that<lb/>no title is completely<lb/>good, unless the right<lb/>of possession be joined<lb/>with the right of pro-<lb/>-perty; which right is<lb/>then denominated a<lb/>double right, <hi rend='underline'>jus dupli</hi>-<lb/>-<hi rend='underline'>catum</hi>, or <hi rend='underline'>droit droit</hi>.<lb/><lb/>II 199<lb/>2<lb/>It | 20 July 1804<lb/><note>10</note><lb/><gap/><lb/>It is an ancient<lb/>maxim of the law, that<lb/>no title is completely<lb/>good, unless the right<lb/>of possession be joined<lb/>with the right of pro-<lb/>-perty; which right is<lb/>then denominated a<lb/>double right, <hi rend='underline'>jus dupli</hi>-<lb/>-<hi rend='underline'>catum</hi>, or <hi rend='underline'>droit droit</hi>.<lb/><lb/>II 199<lb/>2<lb/>It seems founded on<lb/>a principle of natural<lb/>reason, that (whenever a<lb/>right of property trans-<lb/>-missible to representatives<lb/>is admitted) the possessions<lb/>of the parents should<lb/>go, upon their decease,<lb/>in the first place to their<lb/>children, as those to<lb/>whom they have given<lb/>being, and for whom<lb/>they are therefore bound<lb/>to provide. II 210.<lb/><lb/><gap/> 3<lb/>All rules of succession<lb/>to estates are creatures of<lb/>the civil polity, & <hi rend='underline'>juris</hi><lb/><hi rend='underline'>positivi</hi> merely. The<lb/>right of property which<lb/>is gained by occupancy,<lb/>extends naturally no<lb/>farther than the life<lb/> of the present possessor;<lb/>after which the land<lb/>by the law of nature<lb/>would again become<lb/>common & liable to be<lb/>seized by the next occu-<lb/>-pant.... There is<lb/>certainly therefore no<lb/>injutice done to indivi-<lb/>-duals, whatever be the<lb/>path of descent marked<lb/>out by the municipal<lb/>law. II 211.<lb/><lb/><gap/> <gap/> <gap/><lb/>4<lb/>This then is the great<lb/>& general principle,<lb/>upon which the law of<lb/>collateral inheritances<lb/>depends; that, upon<lb/>failure of issue in the<lb/>last proprietor, the<lb/>estate shall descend to<pb/>the blood of the first<lb/>purchasor, or, that it<lb/>shall result back to the<lb/>heirs of the body of<lb/>that ancestor from whom<lb/>it either really has, or<lb/>is supposed by fiction<lb/>of law to have, originally<lb/>descended. II 223.<lb/>229<lb/>-----<lb/><lb/><gap/> 5<lb/>If I <hi rend='underline'>give</hi> land freely<lb/>to another, he is in the<lb/>eye of the law a purcha-<lb/>-sor; & falls within Little-<lb/>-ton's definition, for he<lb/>comes to the estate by his<lb/>own agreement, that is,<lb/>he consents to the gift.<lb/>A man who has his fa-<lb/>-ther's estate settled upon<lb/>him in tail<del><gap/></del> before he is<lb/>born, is also a purcha-<lb/>-sor, for he takes quite<lb/>another estate than the<lb/>law of descents would<lb/>have given him. Nay<lb/>even if the ancestor di-<lb/>-vises his estate to his heir<lb/>at law by will, with<lb/>other limitations, or in<lb/>any other shape than<lb/>the course of descent<lb/>would direct, such heir<lb/>shall take by purchase.<lb/><lb/>6 II 261.<lb/> | ||
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 pro-
-perty; which right is
then denominated a
double right, jus dupli-
-catum, or droit droit.
II 199
2
It seems founded on
a principle of natural
reason, that (whenever a
right of property trans-
-missible 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
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 occu-
-pant.... There is
certainly therefore no
injutice done to indivi-
-duals, 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
---page break---
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.
229
-----
5
If I give land freely
to another, he is in the
eye of the law a purcha-
-sor; & falls within Little-
-ton's definition, for he
comes to the estate by his
own agreement, that is,
he consents to the gift.
A man who has his fa-
-ther's estate settled upon
him in tail before he is
born, is also a purcha-
-sor, for he takes quite
another estate than the
law of descents would
have given him. Nay
even if the ancestor di-
-vises 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.
6 II 261.
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Identifier: | JB/097/141/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-07-26 |
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097 |
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141 |
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001 |
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collectanea |
1 |
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recto |
d10 |
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1800 |
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1800 |
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31525 |
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