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DERELICTION Definition & Legal Meaning

Definition & Citations:

The gaining of land from the water, in consequence of the seashrinking back below the usual water mark; the opposite of alluvion, (q. v.) Dyer, 3206;2 Bl. Comm. 262; 1 Steph. Comm. 419; Linth- icum v. Coan, 64 Md. 439, 2 Atl. 826, 54Am. Rep. 775; Warren v. Chambers, 25 Ark. 120, 91 Am. Dec. 538, 4 Am. Rep. 23;Sapp v. Frazier, 51 La. Ann. 1718, 26 South. 378, 72 Am. St. Rep. 493.In the civil law. The voluntary abandonment of goods by the owner, without thehope or the purpose of returning to the possession. Jones v. Nunn, 12 Ga. 473; Livermorev. White, 74 Me. 456, 43 Am. Rep. 600. Derivativa potestas non potest esse major primitiva. Noy, Max.; Wing. Max. 66. Thederivative power cannot be greater than the primitive.


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