Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/209

 Ch. 13. the contrary be proved by legal demontration, the law will rather preume the right to reide in the heir, whoe ancetor died eied, than in one who has no uch preumptive evidence to urge in his own behalf. Which doctrine in ome meaure aroe from the principles of the feodal law, which, after feuds became hereditary, much favoured the right of decent; in order that there might be a peron always on the pot to perform the feodal duties and ervices : and therefore, when a feudatory died in battle, or otherwie, it preumed always that his children were entitled to the feud, till the right was otherwie determined by his fellow-oldiers and fellow-tenants, the peers of the feodal court. But if he, who has the actual right of poeion, puts in his claim and brings his action within a reaonable time, and can prove by what unlawful means the ancetor became eied, he will then by entence of law recover that poeion, to which he hath uch actual right. Yet, if he omits to bring this his poeory action within a competent time, his adverary may imperceptibly gain an actual right of poeion, in conequence of the other's negligence. And by this, and certain other means, the party kept out of poeion may have nothing left in him, but what we are next to peak of; viz.

III. mere right of property, the jus proprietatis, without either poeion or even the right of poeion. This is frequently poken of in our books under the name of the mere right, jus merum; and the etate of the owner is in uch caes aid to be totally deveted; and put to a right. A peron in this ituation may have the true ultimate property of the lands in himelf: but by the intervention of certain circumtances, either by his own negligence, the olemn act of his ancetor, or the determination of a court of jutice, the preumptive evidence of that right is trongly in favour of his antagonit; who has thereby obtained the abolute right of poeion. As, in the firt place, if a peron dieied, or turned out of poeion of his etate, neglects to purue his remedy within the time limited by law: by this means Rh