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. 1894 Excerpt: ...distinction, for the purposes of the statute, between dispossession and discontinuance of possession of land, it will be convenient to revert to what has been already said as to the distinction between actual and civil possession. In general the two coincide, and when, this being the case, a stranger enters and takes ...
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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. 1894 Excerpt: ...distinction, for the purposes of the statute, between dispossession and discontinuance of possession of land, it will be convenient to revert to what has been already said as to the distinction between actual and civil possession. In general the two coincide, and when, this being the case, a stranger enters and takes possession, we have a clear case of dispossession. It is a dispossession both in fact and in law. The actual possession of A., the old possessor, is replaced by the actual possession of B., the intruder, and at the same time, or at any rate shortly afterwards, A.'s civil possession also comes to an end. But the civil possession of A. does not depend on his continuance in actual possession. He may discontinue the actual possession--that is, he may cease to be the ostensible possessor--and yet, provided his possession was founded on title, the civil possession will remain in him. In such a case there is no reason why time should run against him, and it is clear that it does not. There must further be an entry by a stranger, B., with the result that the civil possession is terminated. If in the statute the term "dispossession" was used to indicate civil dispossession, it would be wide enough to include both these cases; but in fact it is confined to actual dispossession, and the termination by the entry of a stranger of a possession which is merely a civil possession is regarded as a"discontinuance of possession." "In my view," said Fry, J., in Rain s v. Buxton (1880, 14 Ch. D. p. 539), "the difference between dispossession and the discontinuance of possession may be expressed in this way--the one is where a person comes in and drives out the others from possession; the other case is where the person in possessio...
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