[214]. On vested and contingent ownership, see Windscheid, I. sects. 86–95; Dernburg, Pandekten, I. 82. 105–112; Austin, Lecture 53.
[215]. Possession in law is sometimes used in a narrow sense to denote possession which is such in law only and not both in law and in fact—that is to say, to denote constructive possession (possessio fictitia). In the wider sense it denotes all possession which is recognised by the law, whether it does or does not at the same time exist in fact.
[216]. See, as to the idea of seisin and the consequences attributed to its presence or absence, a series of interesting articles by Maitland in the L. Q. R., I. 324, II. 481. IV. 24, 286. See also Lightwood, Possession of Land, pp. 4–8.
[217]. Possessio is the de facto relation between the possessor and the thing possessed. Jus possessionis is the right (if any) of which possession is the source or title. Jus possidendi is the right (if any) which a man has to acquire or to retain possession.
[218]. D. 41. 2. 3. 1.
[219]. It must be remembered that we are speaking of possession in fact. Whether possession in law and the various advantages conferred by it are to be attributed to all possessors in fact or only to some of them is a different question with which we are not here concerned. Roman Law, save in exceptional cases, allowed possessio corporis only to those who possessed as owners and on their own behalf. In English law, on the other hand, there is no such limitation of legal possession; though even here the possession of a servant sometimes fails to obtain legal recognition.
[220]. R. v. Mucklow, 1 Moody C. C. 160.
[221]. Merry v. Green, 7 M. & W. 623.
[222]. Pollock and Wright, Possession in the Common Law, p. 14.
[223]. “Absolute security for the future,” says Dernburg, Pandekten, I. sect. 169, “is not requisite. For it is not to be had.... All that is necessary is that according to the ordinary course of affairs one is able to count on the continuing enjoyment of the thing.” See also I. sect. 178. See also Pollock and Wright, Possession, p. 13: “That occupation is effective which is sufficient as a rule and for practical purposes to exclude strangers from interfering with the occupier’s use and enjoyment.”