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SELECTED TITLES FROM

THE DIGEST.

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FROM

THE DIGEST.

DE ADQUIRENDO RERUM DOMINIO

AND

DE ADQUIRENDA VEL AMITTENDA POSSESSIONE.

DIGEST XLI. I. AND II.

TRANSLATED AND ANNOTATED BY

BRYAN WALKER, M.A., LL.D.

LAW LECTURER OF ST JOHN'S COLLEGE, CAMBRIDGE
LATE FELLOW AND LECTURER OF CORPUS CHRISTI COLLAR

AND FORMERLY LAW STUDENT OF TRINITY HAL. AC!' 80

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BIBLI

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1

Cambridge:
PRINTED BY C. J. CLAY, M.A.

AT THE UNIVERSITY PRESS.

PREFACE.

IN the Preface to the Title, Mandati vel Contra, XVII. I, the first published of this series, an intention was expressed of bringing out as a second instalment, Pro Socio, XVII. 2. But the need of an edition of D. XLI. I, for the use of students preparing for the Law Tripos Examination of 1880, induces me to take this Title in hand at once and postpone the other : and it seems almost a necessity to publish at the same time a version of XLI. 2; for the first-named Title, XLI. I, is so entirely a disquisition on the modes whereby ownership and possession are acquired simultaneously, that it can scarcely be comprehended fully without frequent reference to XLI. 2, wherein are to be found the rules for the acquisition of mere possession.

My obligations to the great treatise of Savigny, on Possession, are fully acknowledged in the notes to XLI. 2. I hesitated for a while whether my references should be to the original work or to the translation by Sir Erskine Perry, but decided eventually that they

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