JB/097/141/001

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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 pro-
-perty; which right is
then denominated a
double right, jus dupli-
-catum, or droit droit.

II 199
2
It eems 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 rule 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-
-ser; & 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-
-ser, for he takes quite
another estate than the
law of descents would
have given him. Nay
even if the ancestor di-
-vises his etate 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.

Identifier: | JB/097/141/001"JB/" can not be assigned to a declared number type with value 97.
Date_1	1804-07-26	Marginal Summary Numbering
Box	097	Main Headings
Folio number	141	Info in main headings field
Image	001	Titles
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10
Penner		Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	31525
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