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How is it that M. Troplong—the legist, the orator, the philosopher—does not see that logically this interdict must be admitted, since it is the necessary complement of the two others, and the three united form an indivisible trinity,—to recover, to maintain, to acquire? To break this series is to create a blank, destroy the natural synthesis of things, and follow the example of the geometrician who tried to conceive of a solid with only two dimensions. But it is not astonishing that M. Troplong rejects the third class of actions possessoires, when we consider that he rejects possession itself. He is so completely controlled by his prejudices in this respect, that he is unconsciously led, not to unite (that would be horrible in his eyes), but to identify the action possessoire with the action petitoire. This could be easily proved, were it not too tedious to plunge into these metaphysical obscurities.

As an interpreter of the law, M. Troplong is no more successful than as a philosopher. One specimen of his skill in this direction, and I am done with him:—

Code of Civil Procedure, Art. 23: “Actions possessoires are only when commenced within the year of trouble by those who have held possession for at least a year by an irrevocable title.”

M. Troplong’s comments:—

“Ought we to maintain—as Duparc, Poullain, and Lanjuinais would have us—the rule spoliatus ante omnia restituendus, when an individual, who is neither proprietor nor annual possessor, is expelled by a third party, who has no right to the estate? I think not. Art. 23 of the Code is general: it absolutely requires that the plaintiff in actions possessoires shall have been in peaceable possession for a year at least. That is the invariable principle: it can in no case be modified. And why should it be set aside? The plaintiff had no seisin; he had no privileged possession; he had only a temporary occupancy, insufficient to warrant in his favor the presumption of property, which renders the annual possession so valuable. Well! this ae facto occupancy he has lost; another is in-