the contrary be proved by legal demonſtration, the law will rather preſume the right to reſide in the heir, whoſe anceſtor died ſeiſed, than in one who has no ſuch preſumptive evidence to urge in his own behalf. Which doctrine in ſome meaſure aroſe from the principles of the feodal law, which, after feuds became hereditary, much favoured the right of deſcent; in order that there might be a perſon always on the ſpot to perform the feodal duties and ſervices[1]: and therefore, when a feudatory died in battle, or otherwiſe, it preſumed always that his children were entitled to the feud, till the right was otherwiſe determined by his fellow-ſoldiers and fellow-tenants, the peers of the feodal court. But if he, who has the actual right of poſſeſſion, puts in his claim and brings his action within a reaſonable time, and can prove by what unlawful means the anceſtor became ſeiſed, he will then by ſentence of law recover that poſſeſſion, to which he hath ſuch actual right. Yet, if he omits to bring this his poſſeſſory action within a competent time, his adverſary may imperceptibly gain an actual right of poſſeſſion, in conſequence of the other's negligence. And by this, and certain other means, the party kept out of poſſeſſion may have nothing left in him, but what we are next to ſpeak of; viz.
III. The mere right of property, the jus proprietatis, without either poſſeſſion or even the right of poſſeſſion. This is frequently ſpoken of in our books under the name of the mere right, jus merum; and the eſtate of the owner is in ſuch caſes ſaid to be totally deveſted; and put to a right[2]. A perſon in this ſituation may have the true ultimate property of the lands in himſelf: but by the intervention of certain circumſtances, either by his own negligence, the ſolemn act of his anceſtor, or the determination of a court of juſtice, the preſumptive evidence of that right is ſtrongly in favour of his antagoniſt; who has thereby obtained the abſolute right of poſſeſſion. As, in the firſt place, if a perſon diſſeiſed, or turned out of poſſeſſion of his eſtate, neglects to purſue his remedy within the time limited by law: by this means
