Merritt v. . Todd

There is a most inconvenient uncertainty as to the rule of law applicable to the question in this case — an uncertainty, not inherent in the subject, but which arises from the want of harmony, and still more, I think, from the want of an intelligible principle in many of the adjudged cases. The difficulty is not inherent, because there are two opposing principles, either of which would furnish a rule sufficiently clear and precise for the determination of this and all similar controversies; but the greater number of decided cases, while following neither one of those theories, do not suggest…