Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/210

 198 the dieior or his heirs gain the actual right of poeion: for the law preumes that either he had a good right originally, in virtue of which he entered on the lands on quetion, or that ince uch his entry he has procured a ufficient titles and therefore, after o long an acquiecence, the law will not uffer his poeion to be diturbed without enquiring into the abolute right of property. Yet, till, if the peron dieied or his heir hath the true right of property remaining in himelf, his etate is indeed aid to be turned into a mere right; but, by proving uch his better right, he may at length recover the lands. Again; if a tenant in tail dicontinues his etate-tail, by alienating the lands to a tranger in fee, and dies; here the iue in tail hath no right of poeion, independent of the right of property: for the law preumes prima facie that the ancetor would not diinherit, or attempt to diinherit, his heir, unles he had power o to do; and therefore, as the ancetor had in himelf the right of poeion, and has transferred the ame to a tranger, the law will not permit that poeion now to be diturbed, unles by hewing the abolute right of property to reide in another peron. The heir therefore in this cae has only a mere right, and mut be trictly held to the proof of it, in order to recover the lands. Latly, if by accident, neglect, or otherwie, judgment is given for either party in any poeory action, (that is, uch wherein the right of poeion only, and not that of property, is conteted) and the other party hath indeed in himelf the right of property, this is now turned to a mere right; and upon proof thereof in a ubequent action, denominated a writ of right, he hall recover his eiin of the lands.

, if a dieior turns me out of poeion of my lands, he thereby gains a mere naked poeion, and I till retain the right of poeion, and right of property. If the dieior dies, and the lands decend to his on, the on gains an apparent right of poeion; but I till retain the actual right both of poeion and property. If I acquiece for thirty years, without bringing any action to recover poeion of the lands, the on gains the actual Rh