We can only say that the
application [407] of the law is limited by custom, and by the
rule that new and unusual burdens cannot be imposed on land.
The general object of this Lecture is to discover the theory on
which a man is allowed to enjoy a special right when the facts
out of which the right arises are not true of him. The transfer
of easements presented itself as one case to be explained, and
that has now been analyzed, and its influence on the law has been
traced. But the principle of such transfers is clearly anomalous,
and does not affect the general doctrine of the law. The general
doctrine is that which has been seen exemplified in prescription,
warranty, and such covenants as followed the analogy mentioned
Another illustration which has not yet been is to be found in the
law of uses.
In old times a use was a chose in action,--that is, was
considered very nearly from the point of view of contract, and it
had a similar history to that which has been traced in other
cases. At first it was doubted whether proof of such a secret
trust ought to be allowed, even as against the heir. /1/ It was
allowed, however, in the end, /2/ and then the principle of
succession was extended to the assign. But it never went further.
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