Quicquid

Whatever.

Quioquid plantatur solo, solo cedit Whatever is planted in the soil belongs to the soil. Every thing annexed to the soil in a permanent manner goes with the soil; the owner of the soil is the owner of every thing planted in or permanently affixed to it. By an extension of the signification of the word plantatur, this maxim is applied to cases where one builds, plants, sows, &c., upon the land of another; in which cases, jmma facie, and without any evidence of consent or agreement to the contrary, the buildings erected, trees planted, seed sown, &c., become at once the property of the owner of the land. But many exceptions to the application of the maxim are found in the law of fixtures. When the principle was first adopted, fixtures, as now understood, were not known, and the maxim was applicable to all things affixed to the freehold indiscriminately; now, however, it is in strictness applicable only to those particular things which, after they have once been annexed to the soil, may not of right be severed from the freehold. Compare Fixtures. Quioquid solvitur, solvitur secundum modum solventis; quioquid recepitur, recipitur secundum modum reoipientis. Whatever is paid, is paid according to the intention of the payer; whatever is received, is received according to the intention of the receiver. He who pays, may at the time appropriate his payment to any of his debts or obligations to the creditor paid; if he does not so appropriate his payment, the creditor receiving it may, at or after the receipt of it, make such appropriation himself. This is the settled rule as to the right of application of payments. Upon payment of money, the debtor may direct in what manner the money must ie appropriated, and the creditor cannot alter this appropriation without the consent of the debtor. And this appropriation by the manded, he pays, it, though others be due at the same time. But, in the absence of any appropriation by the debtor, the creditor may make such appropriation as may suit liim; as if A owe B two suras of money, one barred by the statute of limitations and the other not, or gne in dispute and the other not, or one on covenant and the other on simple contract, — if no appropriation be made by the debtor at the time of payment, the creditor can apply the money in discharge of the debt barred by the statute, or in dispute, or of the simple-contract debt; but not in discharge of an unlawful debt, so as to enable him to sue for the lawful. If, however, neither party make an appropriation, the law appropriates the payment to the oldest debt; or, in case of one part' of the claim being barred by the statute of limitations, to the debts generally, as the circumstances of the case may seem to require. The debtor, moreover, is required to direct the appropriation at the time of payment, but the creditor may do it at any time afterwards, before the appropriation be questioned.

WhaH. Max.

QUIET ENJOYiyiENT

The name of one of the covenants in conveyances and leases of lands, engaging that the grantee or lessee shall be permitted to occupy and use the lands undisturbed. It is not broken by mere defect of title: only by some eviction of the grantee from or disturbance in his possession.