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42 - Of Possession

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

The burden of proving that his possessions belong to him does not lie with the possessor, since if the plaintiff cannot prove his case, control ought to remain with the possessor.

In the right of possession, the one who can give proof that he had more ancient possession shall be considered the superior and the winner, especially if his claim is backed by some title, unless the other party produces better and more effective proofs which justify his possession.

Pursue the possessions which you say belong to you by means of judgments, for the burden of proving that they belong to the possessor does not lie with him, since if you give up the trial, control will remain with him.

Someone who possesses things which do not belong to him is not forced to restore them, even if by chance he has no just cause for holding them, except to the one who proves his case.

[Nevertheless] if someone has gained possession of someone else's goods by fraud or violence, that possession shall not only be of no benefit to him, but shall subject him to a greater burden of proof, if he later states that the thing in question is either his or is owed to him.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 574 - 575
Publisher: Boydell & Brewer
Print publication year: 2000

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  • Of Possession
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.047
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  • Of Possession
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.047
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Of Possession
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.047
Available formats
×