@Walter Hinteler,
OmSigDAVID wrote:So far as I know, no one in the 1770s denied that America was the King's property
Walter Hinteler wrote:Well, that might be so.
I thought until now differently.
Really? Until now,
WHO did u think denied that it
was ?
Walter Hinteler wrote:But when it was the King's property and no-one denied it - why did settlers by the land from the natives?
The law in England was that the land belonged to the King
but that he conferred concurrent estates in the land whose owners'
estates were subject to his sovereign and supreme ownership.
Note that qua current American law, the (atavistic???) nomenclature of
OWNERSHIP of title
to realty remains intact; e.g. tenants by the entirety, joint tenants, tenants in common.
I believe that when English settlers bawt land from the Indians (e.g., the purchase of Manhattan)
thay sought a quittance of the Indians' claims to the realty in question.
The practice of purchasing quit claim deeds endures; i.e., a quittance
of any proprietary interest of the grantor, not representing that he
has any in the property.
Walter Hinteler wrote:And "property": I do know that American Indians had a different understanding of 'property' to Europeans: while Europeans differed between real property (which included land and permanent structures built on it) and personal property (which was essentially anything that a person can pack up and move somewhere else, American Indians just owned what they made with their own two hands.
Yes. I have also heard that concerning the Indians' notions of property.
( I dunno if that applies to every tribe. )
Please note that I have commented
only on title to realty, not to chattel.
Walter Hinteler wrote:But you say that no-one denies that all was the King's property ... Just wondering.
More precisely, I mentioned my own ignorance
of anyone having denied that it was the King's property.
(It is theoretically
possible that some drunk in a tavern in Belgium
or some Chinese carpenter might have denied it, but this remains beyond my cognizance.)
Please note that in support of the comfort of your posting experience, u have my
warm blessing
in your excision of my text (that to which u chose not to reply) from the nested quote.
I believe that is a handy, convenient and helpful way to proceed.
It aids in understanding the subject matter of the conversation
to which u make reference. Bravo, Walter!
Feel free to
bold it also, if the spirit moves u!
David