University of Virginia Library

7050. PROPERTY, Recovery of.—

By
nature's law, every man has a right to seize
and retake by force, his own property. taken
from him by another, by force or fraud.
Nor is this natural right among the first
which is taken into the hands of regular government,
after it is instituted. It was long
retained by our ancestors. It was a part
of their common law, laid down in their
books, recognized by all the authorities, and
regulated as to circumstances of practice.—
Batture Case. Washington ed. viii, 584.
(1812)