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Confusion

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In the common law. The intermixture of the goods of two persons, so that the several portions can be no longer distinguished.

2 BL Com. 405.

The term and, in a great degree, the doctrine are borrowed from the confusio of the civil law. The meaning of the former, however, has been so far modified as to include not only the intermixture or interfusion of liquids and metals, (the confusio proper of the civil law,) but also that of dry articles, (properly expressed in the same law by the term commixtio,) The doctrines also of the two systems so far differ, that while the civil law allows a party who wilfully intermixes his property with that of another, without his approbation or consent, a satisfaction for what he has so improvidently lost, the common law allows him nothing, but gives the entire property to the other par^.

2 BL Com, 405. Inst, 2. 1. 28. 2 Stipk. C&m. 85. 2 Km Cs Com, 364.

U, S. Dig, and Supplement, Confusion. See Confusio, Commixtio,