relinquishment of a right, the giving up of
something to which we are
2. - Legal rights, when once vested, must be divested
according to law,
but equitable rights may be abandoned. 2 Wash. R. 106.
See 1 H. & M. 429, a
mill site, once occupied, may be abandoned. 17 Mass.
297, an application
for land, which is an inception of title, 5 S. & R.
215, 2 S. & R. 378, 1
Yeates, 193, 289, 2 Yeates, 81, 88, 318, an
improvement, 1 Yeates, 515 ,
3. - The abandonment
must be made by the owner without being pressed by
any duty, necessity or
utility to himself, but simply because he wishes no
longer to possess the
thing, and further it must be made without any desire
that any other person
shall acquire the same, for if it were made for a
consideration, it would
be a sale or barter, and if without consideration,
but with an intention
that some other person should become the possessor,
it would be a gift: and
it would still be a gift though the owner might be
indifferent as to whom
the right should be transferred, for example, he
threw money among a crowd
with intent that some one should acquire the
title to it.
Source: Bouviers Law Dictionary 1856 Edition
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