"It follows almost necessarily, from the imperfection and irregularity of human nature, that a uniform course is not preserved during a long period: a little advance is made at one time, a retreat at another; something is added, or taken away, from indiscretion, or ignorance, or through other causes: and, when by the lapse of years the evidence is lost which would explain these irregularities, they are easily made the foundation of cavils against the legality of the whole practice. So also with regard to title: if that which has existed from time immemorial be scrutinised with the same severity which may properly be employed in canvassing a modern grant, without making allowance for the changes and accidents of time, no ancient title will be found free from objection : that, indeed, will become a source of weakness, which ought to give security and strength. It has therefore always been the well-established principle of our law to presume everything in favour of long possession."
Presumptions

January 1, 1970

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Original Language: English