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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