Subject: DEAD-BORN
Resent-Date: Fri, 5 Feb 1999 19:22:02 -0800 (PST)
Resent-From: SCROOTS-L@rootsweb.com
Date: Fri, 05 Feb 1999 22:18:39 -0500
From: "Steven J. Coker" 
Reply-To: carolina@yours.com
Organization: http://www.scroots.org/
To: SCROOTS-L@rootsweb.com

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA

DEAD-BORN, descent, persons. Children dead-born are considered, in law, as if
they had never been conceived, so that no one can claim a title, by descent,
through such dead-born child. This is the doctrine of the civil law.... Non
nasci, et natum mori, pare, sunt. Mortuus exitus, non est exitus. Civil Code of
Louis. art. 28. A child in ventre sa mere is considered in being, only when it
is for its advantage, and not for the benefit of a third person. The rule in the
common law is, probably, the same, that a dead-born child is to be considered as
if he had never been conceived or born in other words, it is presumed he never
had life. It being a maxim of the common law, that mortuus exitus non est
exitus....

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