BOOK III PART II
the properties of different persons, after such
a manner as not to admit of separation. The
question is, to whom the united mass must be-
long.
Where this conjunction is of such a nature as
to admit of division, but not of separation, the
decision is natural and easy. The whole mass
must be supposed to be common betwixt the
proprietors of the several parts, and afterwards
must be divided according to the proportions
of these parts. But here I cannot forbear taking
notice of a remarkable subtilty of the Roman
law, in distinguishing betwixt confusion and
commixtion. Confusion is an union of two bod-
ies, such as different liquors, where the parts
become entirely undistinguishable. Commix-
tion is the blending of two bodies, such as two
bushels of corn, where the parts remain sepa-