The Common Law

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Basset v. Maynard, Cro. Eliz. 819, 820.
235/3 Browne v. Dawson, 12 A. & E. 624. Cf. D. 43. 16. 17; ib. 3, Section 9; D. 41. 2. 18, Section 3; Clayton, 147, pl. 268.
236/1 Cf. Bruns, R. D. Besitzes, 503.
237/1 Clark v. Maloney, 3 Harrington (Del. ), 68. Bruns (R. D. Besitzes, 503, 507) comes to the same conclusion on practicalgrounds of convenience, although he utterly repudiates it ontheory. I must refer to what I said above touching theseconflicts between theory and convenience.
238/1 Bruns, R
.... D. Besitzes, Section 57, p. 486. A learned writerof more ancient date asks why a doctor has not a possessory actionif you cease to employ him, and answers: "Sentio actionem nontenere, sed sentio tantum, nec si vel morte mineris, possumdicere quare. Tu lector, si sapis, rationes decidendi suggere. "Hommel, Rhaps. , qu. 489, cited, Bruns, 407.
239/1 Gardiner v. Thibodeau, 14 La. An. 732.
239/2 Bruns, 483.
240/1 2 Kent (12th ed. ), 205, n. 1. Cf. Y. B. 21 Hen. VI. 8, 9, pl. 19; American note to Scott v.


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