New Commentaries On the Laws of England Author:Henry John Stephen Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: This however is to be understood as applying, in contemplation of the common law, only to such property when in possession, and not to choses in action ; for whe... more »re one of several partners, having a legal interest in a contract, dies, the right of action upon it accrues, at common law, to the survivor or survivors, in whose name alone the action must be brought; and the representative of the deceased must resort to a court of equity, to obtain the share of the latter in the sum recovered (c). It remains to add that, as in the case of things real, so in that of things personal, the legal property may be vested in one man, to the use of or in trust for another, whose interest, as the beneficial and substantial owner, will be recognized and protected in the courts of equity. But as regards things personal, this division of the ownership is less frequent, (the legal interest being in general a beneficial one); and they are in no instance affected by the Statute of Uses, or by any of its attendant learning. (c) See Anderson v. Martindale, n. (15); Crossfield v. Such, 8 Exch. 1 East, 497; 2 Chit. Blackst. 399, 825. CHAPTER II. OF TITLE TO THINGS PERSONAL—AND FIRST OF TITLE BY OCCUPANCY. [WE are next to consider the title to things personal, or the various means of acquiring and of losing such property as may be had therein (a) ; both which considerations of gain and loss shall be blended together in one and the same view,—as was done in our observations upon real property, —since it is for the most part impossible to contemplate the one without contemplating the other also.] And the mcthods which we shall have occasion to consider, under this division of the work, are six. 1. By occupancy. 2. By invention. 3. By gift and assignment. 4. By contract. 5. By bankruptcy and ins...« less