CONQUETS, French law. The name given to every acquisition which the husband and wife, jointly1 or severally, make during the conjugal2 community. Thus, whatever is acquired by the husband and wife, either by his or her industry or good fortune, enures to the extent of one-half for the benefit of the other. Merl. Rep. mot Conquet; Merl. Quest. mot Conquet. In Louisiana, these gains are called aquets. (q. v.) Civ. Code of Lo. art. 2369.
CONSANGUINITY3 The relation subsisting4 among all the different persons descendiug from the same stock, or common ancestor. Vaughan, 322, 329; 2 Bl. Com. 202 Toull. Dr. Civ.. Fr. liv. 3, t. 1, ch. n 115 2 Bouv. Inst. n. 1955, et seq.
2. Some portion of the blood of the common ancestor flows through the veins6 of all his descendants, and though mixed with the blood flowing from many other families, yet it constitutes the kindred or alliance by blood between any two of the individuals. This relation by blood is of two kinds, lineal and collateral7.
3. Lineal consanguinity is that relation which exists among persons, where one is descended8 from the other, as between the son and the father, or the grandfather, and so upwards9 in a direct ascending10 line; and between the father and the son, or the grandson, and so downwards11 in a direct descending12 line. Every generation in this direct course males a degree, computing13 either in the ascending or descending line. This being the natural mode of computing the degrees of lineal, consanguinity, it has been adopted by the civil, the canon, and the common law.
4. Collateral consanguinity is the relation subsisting among persons who descend5 from the same commnon ancestor, but not from each other. It is essential to constitute this relation, that they spring from the same common root or stock, but in different branches. The mode of computing the degrees is to discover the common ancestor, to begin with him to reckon downwards, and the degree the two persons, or the more remote of them, is distant from the ancestor, is the degree of kindred subsisting between them. For instance, two brothers are related to each other in the first degree, because from the father to each of them is one degree. An uncle and a nephew are related to each other in tho second degree, because the nephew is two degrees distant from the common ancestor, and the rule of computation is extended to the remotest degrees of collateral relationship. This is the mode of computation by the common and canon law. The method of computing by the civil law, is to begin at either of the persons in questian and count up to the common ancestor, and then downwards to the, other person, calling it a degree for each person, both ascending and descending, and the degrees they stand from each other is the degree in which they stand related. Thus, from a nephew to his father, is one degree; to the grandfather, two degrees and then to the uncle, three; which points out the relationship.
5. The following table, in which the Roman numeral letters express the degrees by the civil law, and those in Arabic figures at the bottom, those by the common law, will fully14 illustrate15 the subject.
6. The mode of the civil law is preferable, for it points out the actual degree of kindred in all cases; by the mode adopted by the common law, different relations may stand in the same degree. The uncle and nephew stand related in the second degree by the common law, and so are two first cousins, or two sons of two brothers; but by the civil law the uncle and nephew are in the third degree, and the cousins are in the fourth. The mode of computation, however, is immaterial, for both will establish the same person to be the heir. 2 Bl. Com. 202; 1 Swift's Dig. 113; Toull. Civ. Fr. liv. 8, t. 1, o. 3, n. 115. Vide Branch; Degree; Line.