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Updated: May 23, 2025
Some who dropped into California with another woman's husband, forget, while rolling in their carriages, that they ever had one of their own. Children with no legal parents have not learned the meaning of "filius nullius." From the bejewelled mass of vigorous, keen upstarts, now enriched by stocks, the hardy children of the great bonanzas, rises the chorus, "Let the past rest.
He told me his father was a Wycherly Wychecombe, and that his grandfather had been a Virginia planter. This was all he seemed to know of his ancestry." "And probably all there was of them. My Tom is not the filius nullius that has been among us, and this grandfather, if he has not actually stolen the name, has got it by these doubtful means. As for the Wycherly, it should pass for nothing.
"If the case be put of a partridge, there can be no doubt but an action would lie; for though this be ferae naturae, yet being reclaimed, property vests: but being the case of a singing bird, though reclaimed, as it is a thing of base nature, it must be considered as nullius in bonis.
There is many a young man born, who is worthy of being an earl, but whom the law considers " here Tom paused to choose terms suitable for his auditor, when the baronet added, "A filius nullius that's the phrase, Tom I had it from your own father's mouth." Tom Wychecombe started, and looked furtively around him, as if to ascertain who suspected the truth.
It will be necessary for us to attend to one only among these "natural modes of acquisition," Occupatio or Occupancy. Occupancy is the advisedly taking possession of that which at the moment is the property of no man, with the view (adds the technical definition) of acquiring property in it for yourself. The objects which the Roman lawyers called res nullius things which have not or have never had an owner can only be ascertained by enumerating them. Among things which never had an owner are wild animals, fishes, wild fowl, jewels disinterred for the first time, and lands newly discovered or never before cultivated. Among things which have not an owner are moveables which have been abandoned, lands which have been deserted, and (an anomalous but most formidable item) the property of an enemy. In all these objects the full rights of dominion were acquired by the Occupant who first took possession of them with the intention of keeping them as his own an intention which, in certain cases, had to be manifested by specific acts. It is not difficult, I think, to understand the universality which caused the practice of Occupancy to be placed by one generation of Roman lawyers in the Law common to all Nations, and the simplicity which occasioned its being attributed by another to the Law of Nature. But for its fortunes in modern legal history we are less prepared by
Nevertheless it would be a great error to regard him as a Stoic in the sense in which Brutus, Cato, and Thrasea, were Stoics. Like all the greatest Roman thinkers he was an Eclectic; he belonged in reality to no school. He was the successor of such men as Scipio, Ennius, and Cicero, far more than of the rigid thinkers of the Porch. He himself says, "Nullius nomen fero."
You must take him; a filius nullius, in the person of my son Tom; a stranger; or let the property escheat; for, we are so peculiarly placed as not to have a known relative, by either the male or female lines; the maternal ancestors being just as barren of heirs as the paternal.
"You are quite sure, brother, that Tom is a filius nullus?" for the baronet had forgotten most of the little Latin he ever knew, and translated this legal phrase into "no son." "Filius nullius, Sir Wycherly, the son of nobody; your reading would literally make Tom nobody; whereas, he is only the son of nobody." "But, brother, he is your son, and as like you, as two hounds of the same litter."
"Nullius, or nullius, as it ought sometimes to be pronounced, is the genitive case, singular, of the pronoun nullus; nullus, nulla, nullum; which means, 'no man, 'no woman, 'no thing. Nullius means, 'of no man, 'of no woman, 'of no thing." The vicar gave this explanation, much in the way a pedagogue would have explained the matter to a class.
Then he continued, anxious to regain the ground he feared he had lost in Mildred's favour. "Filius nullius means, Miss Mildred, exactly what I wish to express; a family without any legal origin. They tell me, however, that in the colonies, nothing is more common than for people to take the names of the great families at home, and after a while they fancy themselves related." "I never heard Mr.
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