termine the ownership of
property, in respect of the amount of corn belonging to
each. It is in the discretion of the judge to determine
which is the corn belonging to either party.]

Where the properties of two persons are united after such a
manner as neither to admit of division nor separation, as
when one builds a house on another's ground, in that case,
the whole must belong to one of the proprietors: And here I
assert, that it naturally is conceived to belong to the
proprietor of the most considerable part. For however the
compound object may have a relation to two different
persons, and carry our view at once to both of them, yet as
the most considerable part principally engages our
attention, and by the strict union draws the inferior along
it; for this reason, the whole bears a relation to the
proprietor of that part, and is regarded as his property.
The only difficulty is, what we shall be pleased to call the
most considerable part, and most attractive to the
imagination.

This quality depends on several different circumstances,
which have little connexion with each other. One part of a
compound object may become more considerable than another,
either because it is more constant and durable; because it
is of greater value; because it is more obvious and
remarkable; because it is of greater extent; or because its
existence is more separate and independent. It will be easy
to conceive, that, as these circumstances may be conjoined
and opposed in all the different ways, and according to all
the different degrees, which can be imagined, there will
result many cases, where the reasons on both sides are so
equally balanced, that it is impossible for us to give any
satisfactory decision. Here then is the proper business of
municipal laws, to fix what the principles of human nature
have left undetermined.

The superficies yields to the soil, says the civil law: The
writing to the paper: The canvas to the picture. These
decisions do not well agree together, and are a proof of the
contrariety of those principles, from which they are
derived.

But of all the questions of this kind the most curious is
that, which for so many ages divided the disciples of
Proculus and Sabinus. Suppose a person shoued make a cup