ing, the law
of nations connives at some cunning and overreaching in respect of the
price. By the civil law, a just price is said to be that, whereby
neither the buyer nor seller is injured above one moiety of the true and
common value; and in this case the person injured shall not be relieved
by rescinding the sale, for he must impute it to his own imprudence and
indiscretion.
The origin of _Fee-tail estates_:
"The expression, fee-tail, was borrowed from the feudists, among
whom it signified any mutilated or truncated inheritance from which
the heirs general were cut off, being derived from the barbarous
word _taliare_ to cut.--(2 _Blac. Comm_. 112.)
_Fines and Recoveries (as fund and refund_,) are like the poles, arctic
and attractive. Of the latter is the following _quid-pro-quo_ anecdote:
"A physician of an acrimonious disposition, and having a thorough
hatred of lawyers, was in company with a barrister, and in the
course of conversation, reproached the profession of the latter with
the use of phrases utterly unintelligible. 'For example,' said he,
'I never could understand what you lawyers mean by docking an
entail.' 'That is very likely,' answered the lawyer, 'but I will
explain it to you; it is doing what you doctors never consent
to--_suffering a recovery_.'
Among the notes to _Rights and Titles_ is the following:
"Master _Mason_, of _Trinity College_, sent his pupil to another of
the fellows to borrow a book of him, who told him, 'I am loth to
lend books out of my chamber, but if it please thy tutor to come and
read upon it in my chamber, he shall as long as he will.' It was
winter, and some days after the same fellow sent to Mr. _Mason_ to
borrow his bellows, but Mr. _Mason_ said to his pupil, 'I am loth to
lend my bellows out of my chamber, but if thy tutor would come and
blow the fire in my chamber, he shall as long as he will.'
In the next page is a note on the _Nature of Property_, in the
perspicuous style of a master-mind:
"There is nothing which so generally strikes the imagination, and
engages the affections of mankind, as the right of property; or that
sole and despotic dominion which one man claims and exercises over
the external things of the world, in total exclusion of the right of
any other individual in the universe. And yet there are very few
that will give thems
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