Theory and Principles of Law; A Complete Analysis of the Common Law of England, Adopted Into the American Law, with Such Statutory Changes and Modifications as Have Since Occurred, Showing the Present State of the Law, and the Reasons and

Theory and Principles of Law; A Complete Analysis of the Common Law of England, Adopted Into the American Law, with Such Statutory Changes and Modifications as Have Since Occurred, Showing the Present State of the Law, and the Reasons and

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...This is the lowest degree of title, and may happen when one intrudes upon the land of another, and ousts himfrom his possession, which in law is called a disseisin. Such possession is prima facie evidence of a legal title in the possessor, which may by length of time, and the default of the rightful owner, ripen into a perfect title. A person in the actual possession of real property cannot in general be ousted unless the party claiming can establish some well-founded title, the general rule, governing in all actions of ejectment (which is the proper proceeding to recover real property) being that the plaintiff must recover on the strength of his own title. Possession gives the defendant in such a proceeding a right against every person who cannot show a sufficient title, and the plaintiff must therefore first establish a legal title.3 Right of possession, which' constitutes the next step or degree necessary to a complete title, is where the right to the possession resides in one person, and the actual possession in another. Another step or degree requisite to a good title, by the common law, is the right of property, without either possession or the right of possession. ' This right, however, as distinguished from the right of possession, has been abolished in almost every case by the abolition of those real actions in which only it could have been maintained.4 If a person be ousted from-the possession of his lands, the disseisor acquires thereby only anaked possession, and the person ousted retains the right of possession, and the right of property. But if the person thus disseised does not assert his right within the time limited by the law for the recovery of real estate he will be forever barred from recovering. Formerly, ...show more

Product details

  • Paperback | 142 pages
  • 189 x 246 x 8mm | 268g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236771605
  • 9781236771605