The con-
ceffion o f a
houfe, by a
compofition,
does not induce
a right
o f Shaffa:
'but Shaffa is
induced by
the aft of
giving a ho u fe
in compofition.
compofition after denial Handing, with refpedt to the defendant, as an
atonement for an oath is obvious;— and it Hands after Jilence as a mere
removal o f Jlrife, becaufe filence admits of twoTuppofitions, namely,
acknowledgment or denial-, and hence, with refpedt to the compofition
in queftion being a contrast o f exchange, there is a doubt; and, in con-
fequence of this doubt, it cannot be eftablifhed as an exchange with
relpedt to the defendant.
If a perfon claim a houle from another, and that other either deny
the claim, or remain filent, but afterwards compound the matter with
the.claimant for a certain, amount, in that cafe the right of Shaffa
does, not' operate with refpeCt to that houfe; becaufe the defendant
receives it as his original right, and not in virtue of exchange; fince he
gives the amount of the compofition to the plaintiff merely to put an
•end to the contention.
O b j e c t i o n .— Although the defendant, in his own belief, receive
the lloufe as his original right, and pay the compofition to put an end
to the contention, yet the plaintiff believes that he receives the compo-
fitionfe lieu o f the houfe, and therefore (on the grounds of the belief
of the plaintiff ) the right of Shafa ought to operate.
R e p l y .— The belief of the plaintiff has no effetft upon the defendant,
fince a man is judged by his own beliefj and not by that of
others.— It is otherwife where, a houfe is given- in compofition"; (as
where, for in-fiance-, a- perfon claims feme property from another, and
that other, after- denying the right, or remaining filent, compounds
the- claim by giving- up a houfef) for in this cafe the right1" of "Shafa
takes place, as the plaintiff receives the houfe in exchange for his
property, and the compofition is therefore, with refpedf* t'O him, a
centraSi o f exchange,-— (for- which reafon the right o f Shcfa operates
upon his own acknowledgment, notwithftanding the defendant contradict
him. )— It- is therefore the fame as i f he were to declare that “ he
“ has.j5«rafo/?i/,the houfe from the defendant,”— and the* defendant
4 deny
deny the fame; in which cafe the right of Shaffa operates; and fc alfo
in the cafe in queftion.
If a perfon claim famething from another, and that other, having Cafes in
acknowledged the claim, compound it with the plaintiff for fomething th^fthing' ^
elfe;!-and it afterwards appear that the thing claimed was in part the g'reyhicom-
property of another,—in that cafe the defendant is entitled to take bereftored.
back from the plaintiff apart of the thing given in compofition, pro- ' •
port ionate to that part of the article claimed, which afterwards proved
the property of another; becaufe the compofition in this cafe is, like
Me, a. contract of exchange with refpedt to both parties; and fuch is
the law in fade, when a part of a thing fold proves the property of
anotberv
If a perfon claim a thing from another, and-that other either' ifthecom-
deny it or remain filent, and then compound w ith . the plaintiff for after’SLwor
feme other article, and it. afterwards appear that the thing claimed and
the right of another and'not of the plaintiff, in that cafe the plaintiff com^nded
muft prefer his demand againft the perfon who claims-the right, .and HghTofV*1* '
return, to the defendant whatever he may have received from - him in other> the
compofition; becaufe the defendant gave.his.property merely for the muttb'ere-0”
purpofe of removing contention.; but when, afterwards, it.appears
that the thing claimed is the property of another, it becomes.:evident “ u.fthtyhis
that he was not liable to a contention with the plaintiff.. Hence he is him who ha^
entitled to take back the article given in compofition,. as the condition ' e n£ht;
on which he gave it (namely, a right to detain in his pofieffion. the
fubjeft of the claim) is rendered void.— If, on. the other hand, a part, and the fame, .
only, of the thing claimed prove the right of another, the plaintiff muft au^wlime
in that cafe return to the defendant a proportionate part of the thino- any fan of it
given in compofition, and make a demand for the fame upon the per- property of
fen poffeffing the right; becaufe the intent of the defendant does not anotheiv-
comprehend that proportion.
A -a 2.