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legal_language:quod_ab_initio_non_valet

Quod ab initio non valet, in tractu temporis non convalescit

That which is bad from the beginning does not improve by length of time.

Meaning

When the consideration for a deed is illegal, no lapse of time can cure the defect. In nullities in pleadings also, and in transactions founded upon fraud, it may be stated generally that lapse of time will not avail to cure the defect. But there are cases under the Statutes of Limitations, where a defeasible title may become indefeasible by lapse of time, and to which this rule cannot be said strictly to apply.

Lapse of time, and the altered state of circumstances consequent upon it, and which are the natural result of the act done, will frequently make that legal which before was not so ; and this sacrifice society often demands at the hands of the law.

If a man, seised of land in fee, make a lease for twenty-one years, rendering rent, to begin presently, and afterwards, the same day, he make a lease to another for the like term, the second lease is void. And if the first lessee surrender his term to the lessor, or commit any act of forfeiture of his lease, the second lessee shall not have his term ; for the lessor at the time of making the second lease had nothing in him but the reversion. If a bishop make a lease for four lives, contrary, to a statute which authorises a lease for three, and though one of them die in the lifetime of the bishop, so that there be then but three, and afterwards the bishop dies ; yet the lease shall not bind his successor ; for those things which have a bad beginning cannot be brought to a good end.

Where a lease is made for life, remainder to the corporation of B, there not being any such corporation ; it is void, though such a corporation be subsequently created during the particular estate. So a remainder limited to. A the son of B, he having no such son ; and afterwards a son is bom to him during the particular estate whose name is A, yet it is void.

The will of a feme covert, not acting under a power ; or of an infant, is void, and is not rendered available on the determination of the coverture of the feme, or the attaining full age of the infant, without fresh execution. No interest, legal or equitable, passes to the holder of a forged bill of exchange as against the person whose name has been forged ; and this doctrine applies to all deeds and other instruments whatsoever, and into whosesoever hands they subsequently pass.

A verdict given in an action where no sufficient cause of action to support the verdict appears upon the record, may be set aside.

The maxim, “ Quod non habet principium non habet finem” : That which has no beginning has no end, may be considered as connected with the one under consideration. To give the ordinary a right to present to a benefice by lapse, he must, in such cases as the following, give notice to the patron, or no lapse will accrue, viz. : resignation, deprivation, refusal to institute for default of learning etc. ; voidance, under 1 & 2 Vict. c. IOC1) section 58 ; trading, etc, in the absence of such notice, he cannot take advantage by way of lapse. So, no lapse having accrued to the ordinary, none can accrue to the metropolitan, or to the Crown, who take in default of him, they being in no better position than the ordinary ; but each must suffer by his default : for, “ Quod non habet principium non habet finem.”

1)
English statute


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