Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/211

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Ch. 13.
of Things.
199

right of poſſeſſion, and I retain nothing but the mere right of property. And even this right of property will fail, or at leaſt it will be without a remedy, unleſs I purſue it within the ſpace of ſixty years. So alſo if the father be tenant in tail, and alienes the eſtate-tail to a ſtranger in fee, the alienee thereby gains the right of poſſeſſion, and the ſon hath only the mere right or right of property. And hence it will follow, that one man may have the poſſeſſion, another the right of poſſeſſion, and a third the right of property. For if tenant in tail enfeoffs A in fee-ſimple, and dies, and B diſſeiſes A; now B will have the poſſeſſion, A the right of poſſeſſion, and the iſſue in tail the right of property: A may recover the poſſeſſion againſt B; and afterwards the iſſue in tail may evict A, and unite in himſelf the poſſeſſion, the right of poſſeſſion, and alſo the right of property. In which union conſiſts,

IV. A complete title to lands, tenements, and hereditaments. For it is an antient maxim of the law[1], that no title is completely good, unleſs the right of poſſeſſion be joined with the right of property; which right is then denominated a double right, jus duplicatum, or droit droit[2]. And when to this double right the actual poſſeſſion is alſo united, when there is, according to the expreſſion of Fleta[3], juris et ſeiſinae conjunctio, then, and then only, is the title completely legal.

  1. Mirr. l. 2. c. 27.
  2. Co. Litt. 266. Bract. l. 5. tr. 3. c. 5.
  3. l. 3. c. 15. §. 5.