JB/031/018/001

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1828 Aug. 6
Blackstone

Spread over the f the part of the field of law, a
cloud there is of the thickest darkness there is which, on this
occasion in pain of leaving Blackstone incomprehensible, it
will be necessary to dissipate.

The part is that in which he speaks of possession
right of possession, right of property, just duplication, alias and <hi rend="underline">droit droit</hi> the
compound of the two.

1. Physical Possession obtained by wrong: by non-claim this may be an
efficient cause of right, p. 196: viz. even as against the righ
parties having rights: remedies against it, entry &c

2. Apparent right of possession: right of diffusive heir: remedies
none but action

3. Actual right of possession: diffusive heir obtains it by non-claim
of right-holder

4. Right of property without right of possession: holders of this
right. 1. An heir in tail, after alienation by tenant in tail.
2. A part against whom the subject matter has been recovered
by a possessor certain – i.e. ejectment.

Note, that here, amidst heterogeneous circumstances
Blackstone introduces diuturnity as an efficient cause of right on the one part:
correspondent length of non-claim, as an efficient cause of cessation of
right, on the other. This should have been brought to view under
the head of Limitations: viz. as to time. But the mass of these
limitations having been effected by Statute law, when limitations
which are effected by Common law are not noticed under that head.

Different sorts of suit, under so many different means
are by Common Law rendered necessary, according to the distance of
the state of things or want constitutive of the efficient cause of
common right or say of commencement of right from the time at
which the remedy is employed – whether by sinejudicial, by
entry, or judicial by action suit: and with reference to those
different lengths of time a different denomination is given to the right of
employing the judicial remedy
viz. 1. possession: 2. apparent
right of possession: 3. actual
right of possession: 4. right
of property.

Identifier: | JB/031/018/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-06	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	018	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9704
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