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English words and Examples of Usage

use "animus" in a sentence


Following this out, it was said by Savigny, the only writer on the subject with whom English readers are generally acquainted, that the animus domini, or intent to deal with the thing as owner, is in general necessary to turn a mere physical detention into juridical possession.

/3/ We need not stop add1to inquire whether this modern form or the [Greek characters] (animus dominantis, animus dominandi) of Theophilus /4/ and the Greek sources is more exact, for either excludes, as the civilians and canonists do, and as the [219] German theories must, most bailees and termors from the list of possessors.

Such being the direct working of the law in the case of possession, one would think that the animus or intent most nearly parallel to its movement would be the intent of which we are in search.

It may be asked whether this is not simply the animus domini looked at from the other side.

But itis not the same if we give to the animus domini the meaning which the Germans give it, and which denies possession to bailees in general.

A tenant for years intends to exclude all persons, including the owner, until the end of his term, yet he has not the animus domini in the sense explained.

But, further, the common law protects a bailee against strangers, when it would not protect him against the owner, as in the case of a deposit or other bailment terminable at pleasure, and we may therefore say that the intent even to exclude need not be so extensive as would be implied in the animus domini.

There is a class of cases besides those of bailees and tenants, which will probably, although not necessarily, be decided one way or the other, as we adopt the test of an intent to exclude, or of the animus domini.

But suppose the pocket-book had been dropped in a private room, how should the case be decided?

There can be no animus domini unless the thing is known of, but an intent to exclude others from it may be contained in the larger intent to exclude others from the place where it is, without any knowledge of the object's existence.

He thinks that there must be always the sameanimus as at the moment of acquisition, and a constant power to reproduce at will the original physical relations to the object.

Animus domini will be used here as shortly indicating the general nature of the intent required even by those who deny the fitness of the expression, and especially because
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