124. In traditionibus chartarum non quod dictum sed quod factum est inspicitur. In the delivery of deeds, not what was said at the time, but what was done, must be looked at.
A document under seal may be delivered to a third person only, to be delivered by him to the grantee, when the latter has performed certain specified conditions. Such documents are known as escrows, and do not acquire the force of a deed until the conditions precedent have been fulfilled and delivery thereupon made to the grantee. (See Steph. Comm. I. Cap. XVII., and Max. No. 264.)
125. Incertam et caducam haereditatem relevant. They take up again a doubtful and lapsed inheritance.
Upon the succession to a feud, on the death of the last tenant, the heir formerly succeeded thereto not as of right, but only by the favour of the lord of the manor, to whom a fine, called a relief, was paid—this relief continued payable even after feuds became hereditary, although the reason for its being claimed had ceased. (See Steph. Comm. Vol. I. Cap. II.)
126. Injuria non excusat injuriam. One wrong does not justify another. Or to use a colloquial expression, Two wrongs will not make a right.
127. Interest reipublicae, ut sit finis litium. It is to the advantage of the State that there should be a limit to lawsuits.
The Statutes of Limitations have been passed with a view to limit the time within which actions may be brought. But for these Statutes, a plaintiff might delay bringing his action until the defendant had lost, by casualty or otherwise, the evidence on which his case rested. (See Steph. Comm. III. Cap. XIII., and Max. No. 282.)
128. Invito beneficium non datur. A benefit is not conferred upon an unwilling recipient.
No one can be compelled to accept a gift against his wish. A legatee may refuse a gift, an executor may renounce probate, and a trustee may disclaim his office.
129. Judices non tenetur exprimere causam sententiae suae. Judges are not compelled to give reason for their opinions; i.e., judgments or sentences.