ABSTRACT
II. Remitter is where he, who has the true property or jus proprietatis in lands, but is out of possession thereof and has no right to enter without recovering possession in an action, has afterwards the freehold cast upon him by some subsequent, and of course defective title: in this case he is remitted, or sent back by operation of law, to his ancient and more certain title.d The right of entry, which he has gained by a bad title, shall be ipso facto annexed to his own inherent good one; and his defeasible estate shall be utterly defeated and annulled, by the instantaneous act of law, without his participation or consent.e As if A disseises B, that is, turns him out of possession, and dies leaving a son C; hereby the estate descends to C the son of A, and B is barred from entering thereon till he proves his right in an action: now, if afterwards C the heir of the disseisor makes a lease for life to D, with remainder to B the disseisee for life, and D dies; hereby the remainder accrues to B, the disseisee: who thus gaining a new freehold by virtue of remainder, which is a bad title, is by act of law remitted, or in of his former and surer estate.f For he has hereby gained a new right of possession, to which the law immediately annexes his ancient right of property.
