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XXXII.
Therefore, if anyone ejects another, he does not obtain possession until he enters upon it corporeally.
XXXIII.
The same must be said regarding a vacant thing, such as common property.
XXXIV.
It does not matter, however, what sort of person he is who previously possesses, whether he possesses by body and intent, or by intent alone; whether he possesses justly or unjustly.
XXXV.
Indeed, we can also obtain possession in this way when the agents original: "procuratoribus" of others transfer it.
XXXVI.
There are several modes of fictitious apprehension. The first is when, having apprehended a part of the thing, we are seen to have apprehended the whole.
XXXVII.
However, we judge that Bartolus note: Bartolus de Saxoferrato, the preeminent medieval jurist opines more correctly that there is no place for this in disjoined bodies.
XXXVIII.
The second is if we comprehend the thing by the service of our eyes. For if we gaze upon a thing, its possession is immediately transferred to us.
XXXIX.
The third is done through the custody of the thing. For if anyone has a thing under his custody and power, although he does not touch it with his body, he nevertheless obtains its possession.
XL.
This includes several under itself: such as if I have bought from you a thing deposited with me, or lent to me, and you wish it to be mine, for I am immediately made its possessor.
The same