223. Qui vult decipi, decipiatur. Let him be deceived who wishes to be deceived.
A person who has been guilty of such gross negligence as to court deception will obtain no relief from the Court. (See Maxs. Nos. 47 and 61.)
* 224. Quicquid plantatur solo solo cedit. Whatever is planted in (or affixed to the soil) belongs to the soil.
This principle is stringently adhered to as between the heir-at-law and the executor of a deceased person, and as between mortgagors and mortgagees; but it has been very considerably relaxed in its application to fixtures as between landlord and tenant. (See Chitty on Contracts, 16th ed. p. 415, and Maxs. Nos. 46 and 188.)
* 225. Quicquid solvitur, solvitur secundum modum solventis, quicquid recipitur, recipitur secundum modum recipientis. Whatever money is paid, is paid according to the direction of the payer, whatever money received, is received according to that of the recipient.
A debtor has, at the time of payment, the first right to direct the same to be appropriated in liquidation of whatever debt due to his creditor he chooses. If the debtor omit to do this, the creditor has the next right of appropriation to what debt he chooses. If neither party makes appropriation, the law makes it—generally to the earlier debt. (See Rule in Clayton’s Case and Snell’s Eq. 16th ed. pp. 470–1.)
226. Quisque suâ acte perito est credendum. Every one experienced in his own calling is to be believed.
(See Max. No. 43.)
* 227. Quod ab initio non valet, in tractu temporis non convalescit. That which was void from its commencement, does not improve by lapse of time.
Where any contract amounts to a constructive fraud, on account of its being opposed to some positive law, or public policy, it is void and incapable of ratification—it is different, however, when the contract is voidable only.