264. Traditio loqui facit chartam. The delivery of a deed makes it effectual.
The delivery of a deed is equally important with the signing and sealing. Both the delivery and sealing are performed at the present day, by placing the finger on the seal and repeating the words, “I deliver this as my act and deed.” A delivery may be either absolute or conditional. (See Steph. Comm. I. Cap. XVII., and Max. No. 124.)
265. Ubi eadem ratio, ibi eadem lex; et de similibus idem est judicium. Where there is the same reason, there is the same law; and concerning things similar, the judgment is similar.
(See Max. No. 111.)
* 266. Ubi jus ibi remedium. There is no wrong without a remedy, or, Where there is a legal right there is a remedy.
An action will lie for an injury although no actual damage be sustained, as in the case of Ashby v. White (temp. 2 Anne, 1704, 14 State Trials, 695), where it was decided that an action lay against a returning officer for refusing to admit the vote of a duly qualified elector, although the persons for whom he tendered his votes were elected. There may be a “damnum absque injuriâ” (loss without a wrongful act) for which no action will lie. Thus no action will lie against one’s neighbour, who builds on his own land a mill, whereby the profits of one’s own mill (built on adjoining property) are diminished, although in the case put considerable loss may result. This maxim formed the root of all equitable decisions, and was the basis upon which the Court of Chancery originally acted, when interfering with Courts of Law, or in supplying remedies for those wrongs which the latter failed to redress.
267. Ubi nullum matrimonium, ibi nulla dos. Where there is no marriage, there is no dower.
A woman, in order to be entitled to dower on the death of her husband, must have been his actual wife at the time of his decease: there must have been no dissolution of the marriage. The law as to dower is now governed by 3 & 4 Will. IV. c. 105. (See Steph. Comm. I. p. 169.)
268. Unum est tacere, aliud celare. To be silent or to conceal are two different things.
A party to a contract is not bound to disclose latent defects, but he must not fraudulently conceal, or the contract will be voidable. The rule as to defects that are patent to all is otherwise.