It has been seen still consciously applied in the
narrower sphere of the heir. It has been found hidden at the root
of the relation between buyer and seller in two cases at least,
prescription and warranty, when the history of that relation is
opened to a sufficient depth.
But although it would be more symmetrical if this analysis
exhausted the subject, there is another class of cases in which
the transfer of rights takes place upon a wholly different plan.
In explaining the succession which is worked out between buyer
and seller for the purpose of creating a prescriptive right, such
as a right of way over neighboring land to the land bought and
sold, it was shown that one who, instead of purchasing the land,
had wrongfully possessed himself of it by force, would not be
treated as a successor, and would get no benefit from the
previous use of the way by his disseisee. But when the former
possessor has already gained a right of way before he is turned
out, a new principle comes into operation. If the owner of the
land over which the way ran stopped it up, and was sued by the
wrongful possessor, a defence on the ground that the disseisor
had not succeeded to the former owner's rights would not prevail.
The disseisor would be protected in his possession of the land
against all but the rightful owner, and he would equally be
protected [382] in his use of the way.
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