Edward Douglass White

“ Good faith is always presumed, and any person averring bad faith on the part of a possessor is bound to prove the same.
'Sec. 444. [442] Any person who suceeds by hereditary title shall not suffer the consequences of a faulty possession of the testator, unless it be shown that he was aware of the defects affecting such possession; but the effects of possession in good faith shall benefit him only from the date of the decease of the testator.'
First. As to the good faith of Mourraille. ”

“ A possessor in good faith becomes the owner of the fruits collected, so long as the possession is not legally interrupted.
'Natural and cultivated fruits are considered as collected from the time they are gathered or separated.
'Civil fruits are considered as daily proceeds, and belong, in that proportion, to the possessor in good faith. ”

“ A bona fide possessor is deemed to be the person who is not aware that there exists in his title or in the manner of acquiring it, any flaw invalidating the same.
'A possessor in bad faith is deemed to be any person possessing in any case contrary to the above. ”

“ As we have already, however, pointed out that the partition proceedings were absolutely void because in violation of the requirements of law concerning the sale of the minor's property, it follows that the absence of good faith clearly resulted from taking possession of the property and attempting to hold it under a confessedly nonexistent and void instrument. ”

“ In view of this situation we come to consider the subject with which the article deals primarily from the point of view of historical evolution in order, if possible, to throw light on the doctrinal conditions which led to the incorporation of the article into the Spanish Code, and thus ascertain the intent and purpose which controlled its enactment, and then to interpret the provision from that vantage point. ”

“ But this subject need not be entered into, since our purpose is not to discuss the relative merits of the doctrine prevailing in France under the Code Napoleon as compared with the contrary view, but only to make clear the fact of the prevalence of the doctrine in France under the Code as a means of elucidating the interpretation of the provisions of the Spanish Code not only so far as they adopt the Code Napoleon, but as they added new provisions on the subject in question. ”