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NeCede's

Maxim 4.6.20

Relation shall never make good a void grant or devise of the party.

Source: 18 Vin. Abr. 292; Weisman, 93c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A void grant or devise cannot be rescued by the doctrine of relation — if the original instrument was void ab initio, no subsequent event can breathe life into it.

Where this applies

  • A grantor conveys land he does not own, and later acquires title; the grantee argues the title should relate back, but the court holds that relation cannot cure a grant that was void from the start.
  • A testator devises property he never legally possessed; after his death, the property enters his estate by another route, but the court rules the original devise was void and relation cannot save it.
  • A government issues a license that was unauthorized at the time of issuance; even after the authorizing statute is passed, the court holds the original license void because relation cannot breathe life into a void act.

Legal domains

Cite this maxim

NeCede Max. 4.6.20 — Relation shall never make good a void grant or devise of the party. — 18 Vin. Abr. 292; Weisman, 93c

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