University of Nebraska College of Law - Yearbook (Lincoln, NE)

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'fxtraucta from Er. 90und'a .Qrimer of .92eal Qropertq ' .al K'Starting out with the maxim, 'Cujzzs est solrzmz, cjus est usque ad coelimz et C67Z1f7'H77Z,, we can be exonerated from any intrinsic absurdity of being the putative parent of an anomaly when We asseverate and, even at the risk of being turgidly tedious, reiterate that a feoffment in fee of the messuage of B. with a conditional lim- itation over to the heirs of Y. for the use of the eldest so-n of X. in tail would come under the ban of qufia emptores and create that feudal abomination, a springing use. lf the demise contained an express provision relative to the prescriptive right of ancient lights, one might lay it down as an absolute rule, established by the over- whelming preponderance of authoritative jurisdictions, and not to be refuted by the pedantry of antediluvian and fossilized logicians, that abatement would be eminently justifiable. And While not' laying it down dogmatically, it seems to me that the opposite would be more commensurate with modern thought, and less reprehensible in its amplihcationsg though with needless prolixity and mental vaccillation courts have tried to reason around, and as a result 'confusion is worse confounded' But in some later decisions, and more particularly by way of obiter, the courts have adopted the better rule 7l6'I7ZZ'llL' C07ZIL'l'GUl1.CCZlZf6' that 'qzaicqzl-id f71LIllZl!1Zi'ZL7' solo, solo cedit. JJJ 138

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