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JB/031/019/001

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1828 Aug. 7
Blackstone

7
Beginning
2 I Possession

You have a proper title
to a property I am possessed
of — to obtain benefit
of it you bring an ordinary Suit if
cause of your title took place
before last day of 20 years
if any day earlier, you
must
if longer than 30 years
writ of right, but not this
if it be longer than 60 years

In virtue of an appropriate efficient cause of title,
you have a right to a an immovable subject matter of property,
of the whole benefit of which I am and habitually have
been in possession, y to obtain the benefit of it you institute a
suit at law, if the efficient cause of right took place at any
time before the expiration of last day of the twenty years, though it were but a
single day before that last day, you may employ the ordinary
species of suit called an ejectment: if it happened before that
same day though it were but a single day before it, you can
not employ the same action of ejectment; you must employ another
species of action called a writ of if it be longer
ago than thirty years, you must employ another species of action
called a writ of right. But this last you can not employ if
it were longer ago than 60 years.

The longer the wrongful
possession — more complicated
the suit & liability
to causes of annulment

The longer continued the wrongful possession, the more
complicated and expensive the suit: the less in use,
and thence the more liable to be defeated, by factitious causes of annulment
not anticipated nor capable of being anticipated.

If I obtained it of you
by ejectment, you may
try it again by db but if it
was 20 years & a day — by
writ of

If I had obtained my possession of the subject matter by recovering
it of you by an action of ejectment, if it was less than 20
years ago, you may try the cause over again by another
action of ejectment: but if it was 20 years and a day, the ejectment
will not serve, you the action you employ must be a wright
writ of  :

Sole reason for discontinuity
cause of right — the disappointment
preventing principle —
this good between
individuals, but if possessed
by you & ancestors
for centuries, discontinuity
of no avail if King or Church
choose you land, you lose it.

Sole reason for rendering discontinuity of possession within
obstructable efficient cause of right, of itself an efficient cause of
right, the disappointment prevention principle. This As between you
and me and me as between
individual and individual this holds good: but if you and your
ancestors together have been in possession for ever so many centuries
if either the King or the Church choose you land your dexterity
of possession does not avail you: you lose your lend — your f disappointment
— your feelings are disregarded.



Identifier: | JB/031/019/001
"JB/" can not be assigned to a declared number type with value 31.

Date_1

1828-08-07

Marginal Summary Numbering

not numbered

Box

031

Main Headings

civil code

Folio number

019

Info in main headings field

blackstone

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d7 / e2

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

9705

Box Contents

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