For succession does
not apply to possession by itself." /1/ And I may add, by way of
further explanation, that every relation of juridical succession
presupposes either an inheritance or a relation to which, so far
as it extends, the analogies of the inheritance may be applied.
The way of thinking which led to the accessio or joinder of times
is equally visible in other cases. The time during which a former
owner did not use an casement was imputed to the person who had
succeeded to his place. /2/ The defence that the plaintiff had
sold and delivered the thing in controversy was available not
only to the purchaser, but to his heirs or to a second purchaser,
even before delivery to him, against the successors of the
seller, whether universal or only to the thing in question. /3/
If one used a way wrongfully as against the predecessor in title,
it was wrongful as against the successor, whether by inheritance,
purchase, or any other right. /4/ The formal oath of a party to
an action was conclusive in favor of his successors, universal or
singular. /5/ Successors by purchase or gift had the [366]
benefit of agreements made with the vendor. /1/ A multitude of
general expressions show that for most purposes, whether of
action or defence, the buyer stood in the shoes of the seller, to
use the metaphor of our own law.
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