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This renewed faith in the pre-eminent wisdom of the people has probably acquired new force from its congeniality with democratic sentiment . If the owner of the land over which the way ran stopped it up , and was sued by the wrongful possessor , a defence on the ground that the disseisor had not succeeded to the former owner 's rights would not prevail . It had been shown previously that in England the principles of inheritance applied directly to the singular succession of the heir to a specific fee , as well as to the universal succession of the executor . No such notion was applied to warranties , or to any right which was regarded wholly from the point of view of contract .