The Principles of the Law of Real Property According to the Text of Blackstone; Incorporating the Alterations Down to the Present Time (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837. Excerpt: ... BOOK THE FOURTH. Of The TITLE To REAL PROPERTY. CHAPTER THE FIRST. Of The TITLE To REAL PROPERTY m General. The foregoing books having been principally employed in 195 denning the nature of things real, in describing the (enures The title to by which they may be holden, and in distinguishing the lt"US8 several kinds of estate or interest that may be had therein I come now to consider, lastly, the title to things real, with the manner of acquiring and losing it. A title is thus defined by Sir Edward Coke," titulus est Definition of justa causa possidendi id quod nostrum est; or, it is the " means whereby the owner of lands hath the just possession of his property. There are several stages or degrees requisite to form a complete title to lands and tenements. We will consider them in a progressive order. I. The lowest and most imperfect degree of title con-The lowest sists in the mere 7iaked possession, or actual occupation of possession, the estate; without any apparent right, or any shadow or pretence of right, to hold and continue such possession. This may happen, when one man invades the possession of another, and by force or surprise turns him out of the occupation of his lands; which is termed a disseisin, being a deprivation of that actual seisin, or corporal freehold of Disseisin.., what it is the lands, which the tenant before enjoyed. Or it may happen, that after the death of the ancestor and before the entry of the heir, or after the death of a particular tenant 196 and before the entry of him in remainder or reversion, a - 1 Inst. 345. stranger may contrive to get possession of the vacant land, and hold out him that had a right to enter. In all which cases, and many others that might be here suggested, the wrongdoer has only a mere na...