the diſſeiſor or his heirs gain the actual right of poſſeſſion: for the law preſumes that either he had a good right originally, in virtue of which he entered on the lands on queſtion, or that ſince ſuch his entry he has procured a ſufficient titles and therefore, after ſo long an acquieſcence, the law will not ſuffer his poſſeſſion to be diſturbed without enquiring into the abſolute right of property. Yet, ſtill, if the perſon diſſeiſed or his heir hath the true right of property remaining in himſelf, his eſtate is indeed ſaid to be turned into a mere right; but, by proving ſuch his better right, he may at length recover the lands. Again; if a tenant in tail diſcontinues his eſtate-tail, by alienating the lands to a ſtranger in fee, and dies; here the iſſue in tail hath no right of poſſeſſion, independent of the right of property: for the law preſumes prima facie that the anceſtor would not diſinherit, or attempt to diſinherit, his heir, unleſs he had power ſo to do; and therefore, as the anceſtor had in himſelf the right of poſſeſſion, and has transferred the ſame to a ſtranger, the law will not permit that poſſeſſion now to be diſturbed, unleſs by ſhewing the abſolute right of property to reſide in another perſon. The heir therefore in this caſe has only a mere right, and muſt be ſtrictly held to the proof of it, in order to recover the lands. Laſtly, if by accident, neglect, or otherwiſe, judgment is given for either party in any poſſeſſory action, (that is, ſuch wherein the right of poſſeſſion only, and not that of property, is conteſted) and the other party hath indeed in himſelf the right of property, this is now turned to a mere right; and upon proof thereof in a ſubſequent action, denominated a writ of right, he ſhall recover his ſeiſin of the lands.
Thus, if a diſſeiſor turns me out of poſſeſſion of my lands, he thereby gains a mere naked poſſeſſion, and I ſtill retain the right of poſſeſſion, and right of property. If the diſſeiſor dies, and the lands deſcend to his ſon, the ſon gains an apparent right of poſſeſſion; but I ſtill retain the actual right both of poſſeſſion and property. If I acquieſce for thirty years, without bringing any action to recover poſſeſſion of the lands, the ſon gains the actual
