4.1.203 to 4.1.208

(142) Hence, the original division of interdicts is into prohibitory, or for restriction, or for production. (143) The next division is into those instituted for the purpose of obtaining, retaining, or recovering possession. (144) An interdict issued to the prætorian possessor of an estate for the purpose of obtaining possession begins: "Whatever portion of the property"; and its force and effect is that the possession of property held by anyone, as heir, or possessor, or who has fraudulently relinquished possession, shall be restored to the party to whom possession is granted by the interdict. He is considered to possess the prop- the great lawyers of that age are still quoted authoritatively in our courts. The ancient writs of English legal procedure were directly derived from the Formula. As equity jurisprudence traces its origin to the broad and indulgent interpretation permitted the Prætorian Tribunal, so the modern bill in equity bears many striking resemblances to the instruments by means of which parties litigant were enabled to maintain their rights and protect their persons before the most powerful and distinguished of the Roman magistrates. The formulæ were almost infinite in number and variety, and the party to a suit who failed to elect the one applicable to his case paid the penalty of his ignorance or negligence with the loss of his right of action. The abuses which grew out of the inflexible adherence to certain rules and forms which, encouraging chicanery and oppression, were often productive of gross injustice, eventually caused the abolition of the system. —ed. erty as heir, not only when he is the actual heir, but also when he thinks that he is the heir. He holds the property as the mere possessor who has anything belonging to an estate, or the entire estate, without any title to the same, knowing that he is in possession of something that does not belong to him.