Rhymes on Real Property. The house in which a man may live, And seem to take his ease in, May prove a troubled home for him Unless he hath the seizin. Of course ejectment may be brought Against him as a trespasser, And damages be proved because Injuria non praesuinitur. But every one who claims a fee, And would be in possession, Before he wins must pay a fee To men of the profession. And such a one should always be In any course that he elects, Most generous to his counselor, De minimis non curât lex. In building on his own demesne One has to take the best of care Lest his new building should obstruct His neighbor's ancient lights and air. Times now are different from the times In which that doctrine had its source. Cessante ration e Icgis, Cessât ipsa lex, of course. If in Black Acre A's estate Is only one per auter vie, Remainder, say, to В for life, And over then to heirs of C, And if, while leased by A for years, It's taken for a railroad track, And damages are paid to C, Who then has rights in Acre Black? Supposing that the hired man Has carelessly left down the bars, And lessee's cows upon the track Are slaughtered by the railroad cars, Would such an action by the Road Be action called quare obstruxit, And would an action also lie In trespass quare clausum j'régit?
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