DEAD-BORN - Steven J. Coker
Subject: DEAD-BORN
From: Steven J. Coker
Date: February 05, 1999

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA

DEAD-BORN, descent, persons. Children dead-born are considered, in law, as if
they had never been conceived, so that no one can claim a title, by descent,
through such dead-born child. This is the doctrine of the civil law.... Non
nasci, et natum mori, pare, sunt. Mortuus exitus, non est exitus. Civil Code of
Louis. art. 28. A child in ventre sa mere is considered in being, only when it
is for its advantage, and not for the benefit of a third person. The rule in the
common law is, probably, the same, that a dead-born child is to be considered as
if he had never been conceived or born in other words, it is presumed he never
had life. It being a maxim of the common law, that mortuus exitus non est
exitus....

==== SCROOTS Mailing List ====




Go To:  #,  A,  B,  C,  D,  E,  F,  G,  H,  I,  J,  K,  L,  M,  N,  O,  P,  Q,  R,  S,  T,  U,  V,  W,  X,  Y,  Z,  Main