Title by conquest arises where one country takes territory from another by force of arms. In such cases only the title to public lands are affected, private land titles being recognized at the present time. If one nation is entirely conquered, so that no government continues in existence to make peace, or if the war comes to a close by a mere cessation of hostilities without any agreement between the parties, the title is solely one by conquest. Generally, however, title by conquest is confirmed by the treaty of peace at the close of the war, and the title thus becomes in reality one by cession.

5 For the Hinterland doctrine recognized in the occupation of Africa, see Vol. XI, Subject 38.