An agent, as such, does not have title to the principal's property, although he may be intrusted with possession, and although he may have power to pass title.

Explanation

(English-origin maxim.) Mere possession by an agent does not vest title in him — cite this to defeat a claim of ownership by an agent who holds the principal's property, even where the agent has apparent authority to transfer it.

Where this applies

• A property manager holds the keys to a rental building but claims ownership when the owner dies; the court rules that mere possession by an agent does not vest title — the property belongs to the owner's estate.
• A stockbroker holds shares in a client's account and refuses to release them, claiming they are his own; the court holds that an agent's custody of property does not make the property the agent's.
• A warehouse operator stores goods for a manufacturer and then tries to sell them to pay his own debts; the court intervenes because the agent never held title, only possession.