Tosefta for Bava Batra 283:5
אמר אביי ירושה הבאה מאיליה שאני רבא אמר שאני התם דרפוי מרפיאן בידייהו מעיקרא
because at first<span class="x" onmousemove="('comment',' Before it was known whether there were any legal heirs. ');"><sup>18</sup></span> they<span class="x" onmousemove="('comment',' Who seized the estate. ');"><sup>19</sup></span> were really uncertain of the legality of their acquisition.<span class="x" onmousemove="('comment',' Lit., 'it was really loose in their hands at first'. While seizing the property, they were well aware that they might loose it at any moment should a legal heir appear. Hence, ownership cannot be acquired unless possession was taken after it had been ascertained that there were no legal heirs. ');"><sup>20</sup></span> What [practical difference is there] between them?<span class="x" onmousemove="('comment',' In either case, whether the reason is that given by Abaye or that of Raba, the first acquisition is invalid. ');"><sup>21</sup></span> There is [a difference] between them [in the case] where a report was brought<span class="x" onmousemove="('comment',' Lit., 'they heard'. ');"><sup>22</sup></span>