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This takes place where the goods of two or more persons become mixed together so that they cannot be separated. There is a difference between confusion and commixtion; in the former it is impossible, while in the latter it is possible, to make a separation. When the confusion takes place by the mutual consent of the owners, they have an interest in the mixture in proportion to their respective shares. But if one willfully mixes his money, corn or hay, with that of another man, without his approbation or knowledge, the law, to guard against fraud, gives the entire property without any account, to him whose original dominion is invaded land endeavored to be rendered uncertain, without his consent.


There may be a case neither of consent nor of willfulness, in the confusion of goods; as where a bailee by negligence or inadvertence, mixes up his own goods of the same sort with those bailed; and there may be a confusion arising from accident and unavoidable casualty. Now, in the latter case of accidental intermixture, the rule, following the civil law, which deemed the property to be held in common, might be adopted; and it would make no ...

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