Pomponius, On Quintus Mucius, Book XXV. We cease to possess anything which has been in our possession, and which has been so completely lost that we do not know where it is. 1We possess through the medium of our farmers, our tenants, and our slaves. If they die, become insane, or are hired by others, we are understood to still retain possession of them. There is no difference whatever, in this respect, between our tenant and our slave by whose agency we retain possession of property. 2Ad Dig. 41,2,25,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 160, Note 6.When we only possess property by intention, the question arises whether we continue to do so until another actually enters upon it, so that his actual possession becomes preferable; or, indeed (and this is the better opinion) whether we possess the same until, upon our return, someone prevents us from entering; or whether we cease to possess by intention, because we suspect that we will be driven away by the person who has taken possession. This seems to be the more reasonable opinion.

Pomponius, On Quintus Mucius, Book XXIII. Many authorities hold that if I am the heir, and think that certain property belongs to the estate, but which really forms no part of it, I can acquire it by usucaption.

Pomponius, On Quintus Mucius, Book XXIII. When, for the purpose of preserving a legacy or a trust, or because security is not furnished us against threatened injury, we are permitted by the Prætor to take possession of property or he places us in possession in the name of an unborn child, we do not actually hold possession, but he merely grants us power to guard and watch over the property.