Debet et solet

(Lat. Heowes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit ata mill or in ease of a writ of quod permitiat, he brings his writ in the devet et solet. Reg. Orig. 144a; Fitzh. Nat. Brey. 122, M. to the law [of the place] where heoffends. 3 Inst.34. This maximis taken frou Bracton. Bract. fol, 1548. Debet sua cuique domus esse perfugiam tutissimum. Every man’s houseshould be a perfectly saferefuge. 12 Johns. 31, 54. ¢ Debile fundamentum fallit opus. A weak foundation frustrates [or renders vain] the work [built upon it.] Shep. Touch. 60; Noy, Max. 5, max.12; Finch, Law, b. 1, ch. 3. When the foundation fails, all goes to the ground; as, where the cause of action fails, the action itself must of necessity fail. Wing, Max., 118, 114, max. 40; Broom, Max. 180,

Lat. He owes and is used, [or has been used to do]. Words anciently used in writs, showing both a right and a custom as the ground of the claim; as in the writs De secta ad molendinum, De molendino, domo, et ponte reparanda, &c. Reg. Orig. 153. Where a person sued to recover any right whereof his ancestor was disseised by the tenant or his ancestor, he used only the word debet in his writ, solet not being proper because his ancestor was disseised and the estate discontinued. But if he sued for any thing that was for the first time denied him, he used both the words debet et solet, because his ancestor before him, as well as he himself had usually enjoyed the thing for which he sued, until the present refusal of the tenant. Termes de la ley. Old N. B. 98. F. N. B. 122, M. 123. Debet esse finis litium. There ought to be an end of suits; there should be some period put to litigation. Jenk. Cent. See Interest reipublicae ut sit finis litium. Debet quis juri subjacere ubi delinquit. One [every one] ought to be subject to the law [of the place] where he offends. 3 Inst. 34. This maxim is taken from Bracton. Bract. fol. 154 b. Debile fundamentum fallit opus. A weak foundation frustrates, [or renders vain] the work [built upon it.] Shep. Touch. 60. Noy's Max. 5, max. 12. When the foundation fails all goes to the ground; as where the cause of action fails, the action itself must of necessity fail. Wingate's Max. 113, 114, max. 40. Broom's Max. 80.