jects. If the defendant
is a mala fide possessor, fruits which but for his own negligence he
might have gathered are taken into account in much the same way in both
actions; but a bona fide possessor is not held answerable for fruits
which he has not consumed or has not gathered, except from the moment
of the commencement of the action, after which time account is taken as
well of fruits which might have been gathered but for his negligence as
of those which have been gathered and consumed.

3 If the object of the action be production of property, its mere
production by the defendant is not enough, but it must be accompanied by
every advantage derived from it; that is to say, the plaintiff must be
placed in the same position he would have been in if production had
been made immediately on the commencement of the action. Accordingly
if, during the delay occasioned by trial, the possessor has completed
a title to the property by usucapion, he will not be thereby saved from
being condemned. The judge ought also to take into account the mesne
profits, or fruits produced by the property in the interval between the
commencement of the action and judgement. If the defendant pleads that
he is unable to make immediate production, and applies for a stay, and
such application appears to be in good faith, it should be granted on
his giving security that he will render up the property. If he neither
complies at once with the judge's order for production, nor gives
security for doing so afterwards, he ought to be condemned in a sum
representing the plaintiff's interest in having production at the
commencement of the proceedings.

4 In an action for the division of a 'family' the judge ought to assign
to each of the heirs specific articles belonging to the inheritance, and
if one of them is unduly favoured, to condemn him, as we have already
said, to pay a fixed sum to the other as compensation. Again, the fact
the one only of two jointheirs has gathered the fruits of land comprised
in the inheritance, or has damaged or consumed something belonging
thereto, is ground for ordering him to pay compensation to the other;
and it is immaterial, so far as this action is concerned, whether the
jointheirs are only two or more in number.

5 The same rules are applied in an action for partition of a number
of things held by joint-owners. If such an action be brought for the
partition of a single object, such as an estate, which easily admits