Rubenser v. Felice

(dissenting)—

“In deáling with the Rule in Shelley’s case it is very easy to become antiquarian. The deeper you go into it, the more tantalizing its puzzles become; indeed, one can foresee, and perhaps envy, the scholar who some day will escape from a troubled world and devote his life to writing the definitive work on the Rule. Done with insight and imagination it *867could be as great as Gibbon’s ‘Decline and Fall of the Roman Empire.’ ” Casner and Leach: Cases and Text on Property (1st ed. 1951) 363.

The challenge is interesting, but the basis of this dissent will be limited to three…