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1828 Aug. 7
Blackstone
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 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 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 rendering of possession within
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
together have been in possession for ever so many centuries
if with the King or the Church clan you lend your
of possession does not avail you: you lose your lend – your of disappointment
– your feelings are disregarded.
Identifier: | JB/031/019/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-08-07 |
not numbered |
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031 |
civil code |
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019 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
d7 / e2 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9705 |
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