29. Cessante ratione legis, cessat ipsa lex. The reason of the law being at an end, the law itself ceases.
Reason is always the acknowledged soul of the law.
30. Chirographum apud debitorem repertum praesumitur solutum. A deed found with a debtor is presumed to be satisfied.
If a person, who has effected a mortgage on his property, again gets the deeds into his possession, it is presumed that the loan has been repaid, even though no reconveyance has been taken.
* 31. Clausulae inconsuetae semper inducunt suspicionem. Unusual clauses always excite suspicion.
In Twyne’s Case (1 Sm. L. C. 11th ed. p. 1), a deed containing a clause that the gift was made “honestly, truly, and bonâ fide,” was held fraudulent and void, even although made for valuable consideration. (See Maxs. Nos. 61 and 63.) The French maxim of “Qui s’excuse s’accuse” may in like cases be noted with advantage.
32. Cognovit actionem. He had admitted the action.
33. Commodum ex injuriâ suâ nemo habere debet. No one should have an advantage from his own wrong.
34. Conditio sine qua non. A condition without which the matter cannot be.
35. Consensus tollit errorem. Consent removes a mistake; or, as Broom says, “the acquiescence of a party who might take advantage of an error, obviates its effect.”