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Latin. From someone not having power. This is akin to the preceding phrase, and may be illustrated by reference to a practice in conveyancing often resorted to, because simple, and as a means of saving expense. If A. dispones ground, which he holds on a personal title, to B., he cannot grant warrant for the infeftment of B., himself being uninfeft; but he can assign to B. the unexecuted precept of sasine in his (A.'s) own favor, and on it B. can complete his feudal title. If, instead of thus assigning a valid precept, A. himself grants a precept for the infeftment of B., such a precept is a non habente potestatem, and ineffectual. This is a defect, however, which as we have seen, is remedied by prescription.

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