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Tradita

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In the civil law. An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence of the rule that no one can transfer to another a greater right than he himself has, no property was transferred, yet because of some particular circumstance the real owner is estopped from contesting it.

Mackeld. Rom. Law, § 299.

Exceptio semper ultimo ponenda est

An exception should always be put last.

9 Coke, 53.