[001] when the members of the suit are examined and found not in agreement or do not [002] depose in accordance with the plaintiff's claim, saying the opposite or something [003] different, or know nothing except by hearsay, or nothing was done in the presence [004] of those who are produced, the defendant will then withdraw sine die.
Chattels are also claimed under the name of beasts, as when one has constructed something on another's land and his implements or tools are seized as a kind of pledge because of the delict.
[006] Chattels sometimes are claimed as though they were beasts because of delicts,1 [007] when one has done a work on another's land, as where he has hoed or raised an [008] embankment or driven a plough and the like and the tools or chattels are seized [009] and, when claimed by gage and pledges, withheld; the sheriff or bailiff on their [010] owner's complaint will release2 them until the next county court. Where the seizor [011] says that they were taken lawfully because of a construction wrongfully built on [012] his land, without his permission, and the other says that the land is his, [because [013] that touches the free tenement the county court has no power to decide which of [014] them is lord,] the plaintiff must then have recourse to the assise of novel disseisin, [015] and let the tools and beasts so seized by returned and not released until the assise [016] is taken. And let the same be done in similar cases.
Volume 2, Page 449
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