Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
To impress these unfamiliar facts on our consciousness, so that we shall not lose sight of them during the rest of our discussion, so that we shall not slur them or cloud them by vague use of symbolic ideas or terms concerning property and title, let us repeat the essence of the legal situation. Jackson is the holder of a fee simple acquired tortiously. His title to that fee--i. e. the facts which would induce the courts upon occasion to give him the remedies "vindicating" the existence of this vested fee in him--consist in his actual exclusive use and control …
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
The careful student of our law of property needs no demonstration of the importance of legal possession. From before the date of the earliest year book the word possession and its synonym seisin have pervaded legal language and have signified matters of great consequence in the decision of cases. "In the history of our law," say Pollock and Maitland, "there is no idea more cardinal than that of seisin. Even in the law of the present day it plays a part which must be studied by every lawyer; but in the past it was so important that we may almost …