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What a man cannot transfer, he cannot bind by articles.
When the common law and statute law concur, the common law is to be
preferred. 4 Co. 71.
When many join in one act, the law says it is the act of him who could best
do it; and things should be done by him who has the best skill. Noy's Max.
h.t.
When the law presumes the affirmative, the negative is to be proved. 1 Roll.
R. 83; 3 Bouv. Inst. n. 3063, 3090.
When no time is limited, the law appoints the most convenient.
When the law gives anything, it gives a remedy for the same.
When the foundation fails, all fails.
Where two rights concur, the more ancient shall be preferred.
Where there is equal equity, the law must prevail. 4 Bouv. Inst. n. 3727.
Vide, generally, Dig. 50, 17; 1 Ayl. Pand. b. 1, t. 6; Merl. Repert. Regles
de Droit; Pow. Mint. Index, h. t.; Dane's Ab. Index, h. t.; Wooddes. Lect. lxxi.
note; and collections of Bacon, Noy, Francis, Branch and Heath; Duval, Le Droit
dans ses Maximes.
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