The United States of America - Untold Truth
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The United States of America - Untold Truth
The United States of America - Are you sure you're free?
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On Thursday, May 6, 2021, 06:18:44 AM CDT, NELSON DICE
<nelsondice@xxxxxxxx> wrote:
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SOIL. The superficies [SUPERFICIES. A Latin word used among civilians. It
signifies in the edict of the praetor whatever has been erected on the soil,
quidquid solo inoedificdtum est. Vide Dig. 43, tit. 18, 1. 1 and 2. of the
earth on which buildings are erected, or may be erected. ]
2. The soil is the principal, and the building, when erected, is the accessory.
Vide Dig. 6, 1, 49.
LAND. This term comprehends any found, soil or earth whatsoever, as meadows,
pastures, woods, waters, marshes, furze and heath. It has an indefinite extent
upwards as well as downwards; therefore land, legally includes all houses and
other buildings standing or built on it; and whatever is in a direct line
between the surface and the centre of the earth, such as mines of metals and
fossils. 1 Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on Real Prop.
58. In a more confined sense, the word land is said to denote "frank tenement
at the least." Shepp. Touch. 92. In this sense, then, leaseholds cannot be said
to be included under the word lands. 8 Madd. Rep. 635. The technical sense of
the word land is farther explained by Sheppard, in his Touch. p. 88, thus: "if
one be seised of some lands in fee, and possessed of other lands for years, all
in one parish, and he grant all his lands in that parish (without naming them)
in fee simple or for life; by this grant shall pass no, more but the lands he
hath in fee simple." It is also said that land in its legal acceptation means
arable land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves.
476; 20 Vin. Ab. 203.
2. Land, as above observed, includes in general all the buildings erected upon
it; 9 Day, R. 374; but to this general rule there are some exceptions. It is
true, that if a stranger voluntarily erect buildings on another's land, they
will belong to the owner of the land, and will become a part of it; 16 Mass. R.
449; yet cases are, not wanting where it has been decided that such an
erection, under peculiar circumstances, would be considered as personal
property. 4 Mass. R. 514; 8 Pick. R. 283, 402; 5 Pick, R. 487; 6 N. H. Rep.
555; 2 Fairf. R. 371; 1 Dana, R. 591; 1 Burr. 144.
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