DEAD BORN

Definition of DEAD BORN in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEAD BORN

DEAD BORN. A dead-born child is to be considered as if it had never been conceived or born; in other words, it is presumed it never had life, it being a maxim of the common law that mortuus exitus non est exitus (a dead birth is no birth). Co. Litt. 29 b. See Marsellis v. Thalhimer, 2 Paige, Ch., N.Y., 35, 21 Am.Dec. 66; 4 Ves. 334. This is also the doctrine of the civil law. Dig. 50. 16. 129; La.Civ.Code, art. 28; Domat, liv. prel. t. 2, s. 1, nn. 4, 6.

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