JB/031/011/001

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Possession undefinable.
Exposition necessary: this by
periphrasis. The proposition
it imports must be delivered &
of this the equivalent must be
given by another, having clearer
terms of principal import.

Exposition. To be in possession,
is to have faculty of using
it for your own benefit. Possession
is physical or legal, – legal
founded on physical.

Said to be in possession of
house private stock, if no it, or at a distance.
In the first case employed
for your benefit by your hands; in
the other second, in the permission
by others.

Legal possession when,
deriving benefit from it, you
are not punishable, & others
are if they obstruct you in deriving
said benefit.

Two ways of deriving benefit
1. Use 2. Transference

If transference for term
limited – you are in a certain
sense still in possession.

If your house is let to a tenant,
per Lawyer you are in
possession, unless you have
agreed not to.

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In possession or not, according
as an endeavouring to
apply manual control over till
other persons oppose you or
not, by manual obstruction.

In such case you are not
in possession physical or legal
– because entering or causing
– with or without force
punishable.

In Possession merely of legal
right to rent.

Any person pushing out, or
keeping out your servant
punishable.

Against yourself servant
not in possession, - you may
push or keep him out unless
per contra by agreement.

Only by knowing in what
cases punishable or
not, for endeavouring to obtain
benefit of it, can the answer
to question of possession depend.

In such questions three
classes to be brought to view
1. those in possession
2. those agt whom in possession
3. those not in do – if different
from those agt whom.

Powers or rights for giving
effect to possession.

If a power, sinejudicially
exercisable, i.e. legal
employ of physical force.

If a right without power,
exercisable judicially; i.e.
by demanding judicial service.

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Over this part of law, thick
cloud – to be dissipated to render
Blackstone intelligible.
Possession – right of do – right
of property & jus duplication.
1. Physical possession by wrong
2. Apparent right of possession
3. Actual right of do.
4. Right of property without
do of possession

Per Blackstone
an efficient cause of right correspondent length of non
claim – cause of cessation.
This not under Limitations
because mostly effected by
Statute Law.

Different sorts of suits
as different causes of right
as above.

You have a proper title
to the house I am in possession
of – to obtain you being
ejectment – if the cause of
your title took place before
the last day of 20 years – by
writ of entry – if more than
30 years by writ of right, but
this not longer than 60 years.

The longer the wrongful
possession, the more complicated
the suit & liability to
annulment.

Identifier: | JB/031/011/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering
Box	031	Main Headings	civil code
Folio number	011	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9697
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