A Compendium of the Law of Prescription in Ceylon

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...2. (c.) Pothier traite de la pres 413. SECTION VI. NATURAL INTERRUPTION WITH OUR CONSENT. Natural interruption may take place either with or How natural whitcut our consent. It is said to take place with our ttTwr'conconsent when we eilher abandon the property, or en, may take deliver it to another with the intention of relinquishing place" our possession.(a) If property, in respect of which prescription had wM8rt/on commenced, should be delivered by the possessor on lease to the sale, or lease, or pledge, to its owner, the possession rtapo"'is interrupted.(t) Neque pignus, neque deposition, neque aionprecorium, neque ernptio, neque iocatio rei suae consisted potest.(c) But if he had leased it, or pledged it, with a stranger, that possession which was necessary for prescription would not be lost, so long as it was in the possession of the tenant or creditor. For, it would be absurd to suppose, that the possessor is holding under any other title than that of owner, and least of all, that he holds the possession so as to create in another a title adverse to himself, (d) If I gave you lease of a property of which I am possessor, and you become subsequently the sole heir whmpo7stssor of the original owner, from the moment that you have has given probecome the owner (as heir of the former owner) I am becomessole886 regarded as I aving ceased to possess. For from the keiroftneorigit'me you become owner, you cannot be regarded as a sion is interperson by whom I can possess. For an owner cannot rupte" be lessee of his own property.(e) (a.) Voet 44. 3. 16. (b.) Dig 41. 3. 1. 21; Voet 41. 3. n, 17. (c.) D. 50, 17. (d.) Voet 41. 3. 17.. g (e.) D. 13, 7; 0. 4, 24. Possessor continues to possess, if he gives it on I &c, to a...