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NeCede's

Maxim 1.5.296

From nothing nothing comes.

Ex nihilo nihil fit.

Source: Jackson v. Waldron, 13 Wend. (N.Y.) 178, 221; Root v. Stuyvesant, 18 Wend. (N.Y.) 257, 301; Weisman, 95d; Wharton, III-98 Difficulty 3/5 — Intermediate

Explanation

A right, title, or obligation cannot be built upon a nullity — if the foundational act, instrument, or authority is void, everything that purports to derive from it falls with it.

Where this applies

  • A company claims ownership of a patent based on an assignment that was itself forged, and the court voids the patent because a right built on a nullity is itself a nullity.
  • A deed traces its chain of title back to a grant that was never validly executed, and the court holds that every subsequent conveyance in the chain fails because nothing can come from nothing.
  • A government office was created by an unconstitutional statute, and the court holds that all orders issued by that office are void because authority derived from a void source has no existence.

Legal domains

Cite this maxim

NeCede Max. 1.5.296 — From nothing nothing comes. — Jackson v. Waldron, 13 Wend. (N.Y.) 178, 221; Root v. Stuyvesant, 18 Wend. (N.Y.) 257, 301; Weisman, 95d; Wharton, III-98 (Ex nihilo nihil fit.)

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