"Now, under the head of real property, Chatford," he said, "I find that
in England property is real or personal. I think that in this case, that
of which you have been deprived comes under both heads. One's body is
certainly real and unquestionably personal, and if a man has a right to
the possession of each, he has a right to the possession of both, and he
who robs him of both is guilty of a crime under each head. Real
property consists of lands, tenements and hereditaments. Lands we must
perforce exclude because you have lost no lands. Tenements may be
alluded to, however, with absolute fairness because the body is the
tenement of the soul. Of hereditaments I am not sure. I don't know what
hereditaments are, and I haven't had time to find out anything about
them except that they are corporeal or incorporeal, which leads me to
infer that you have been wronged under this head also, for I must assume
that a hereditament is something that may or may not have a body
according to circumstances, which is your case exactly.
"Now a man's right to the possession of an estate is called his title,
if I am not mistaken," continued Hopkins, "and it is only reasonable to
suppose that this refers to bodily estate as well as to landed estate.
What we must dispute is Barncastle's title to your bodily estate. Our
case is referred to in section two, chapter nine, part second of this
book, which deals with joint tenancy in which two or more persons have
one and the same interest in an estate, but it must be held by both at
the same time. Now, even granting, as the other side may say, that you
entered into a partnership with the fiend, we could knock him right off
his pins on the sole fact that in declining to admit you to your own
bodily estate, he has not only deprived you of an undoubted right, but
has in reality forfeited his own claim to possession, since he has
violated the only principle of law upon which he could claim entrance to
the estate under any circumstances."
"Superb!" ejaculated the exile.
"Now we come to an apparent difficulty," continued Hopkins. "Possession
is, according to my authority, five points of the law. The fiend has
possession, and in consequence tallies five points; out of how many I do
not know. What the maximum number of points in the law is, the book does
not say, but even assuming that they form a good half, I think we can
bring forward five more with a dozen substitutes for each of the five in
support of our position. Some of these points will evolve themselves
when we come to consider whence Barncastle's title was derived.
Public-domain text, read in full here on John Shaqi.
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