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6 Aug t 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
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 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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