The argument now returns to the English law, fortified with some
general conclusions. It has been shown that in both the systems
from whose union our law arose the rules governing conveyance, or
the transfer of specific [367] objects between living persons,
were deeply affected by notions drawn from inheritance. It had
been shown previously that in England the principles of
inheritance applied directly to the singular succession of the
heir to a specific fee, as well as to the universal succession of
the executor. It would be remarkable, considering their history,
if the same principles had not affected other singular
successions also. It will soon appear that they have. And not to
be too careful about the order of proof, I will first take up the
joinder of times in prescription, as that has just been so fully
discussed. The English law of the subject is found on examination
to be the same as the Roman in extent, reason, and expression. It
is indeed largely copied from that source. For servitudes, such
as rights of way, light, and the like, form the chief class of
prescriptive rights, and our law of servitudes is mainly Roman.
Prescriptions, it is said, "are properly personal, and therefore
are always alleged in the person of him who prescribes, viz. that
he and all those whose estate he hath, &c.; therefore, a bishop
or a parson may prescribe,... for there is a perpetual estate,
and a perpetual succession and the successor hath the very same
estate which his predecessor had, for that continues, though the
person alters, like the case of the ancestor and the heir." /1/
So in a modern case, where by statute twenty years' dispossession
extinguished the owner's title, the Court of Queen's Bench said
that probably the right would be transferred to the possessor "if
the same person, or several persons, claiming one from the other
by descent, will [368] or conveyance, had been in possession for
the twenty years." "But.... such twenty years' possession must
be either by the same person, or several persons claiming one
from the other, which is not the case here." /1/
In a word, it is equally clear that the continuous possession of
privies in title, or, in Roman phrase, successors, has all the
effect of the continuous possession of one, and that such an
effect is not attributed to the continuous possession of
different persons who are not in the same chain of title. One who
dispossesses another of land cannot add the time during which his
disseisee has used a way to the period of his own use, while one
who purchased can. /2/
Public-domain text, read in full here on John Shaqi.
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