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Possessio fratris
Possessio fratrisThe brother's possession. This is a technical phrase which is applied in the English law relating to descents. By the common law, the ancestor from whom the inheritance was taken by descent, must have had actual seisin of the lands, either by his own entry, or by the possession of his own, or his ancestor's lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of possesio fratris. The possession of a tenant for years, guardian or brother, is equivalent to that of the party himself, and is termed in law possessio fratris. RELATED TERMS-------------------------------------- Possession International law. By possession is meant a country which is held by no other title than mere conquest. Technical That which properly belongs to an art. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Inheritance 1) Estates. A perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a person who died intestate. 2) The property which is inherited is called an inheritance. 3) Among the civilians, by inheritance is understood the succession to all the rights of the deceased. Actual Real; actual. Seisin Estates. The possession of an estate of freebold. Entry 1) Criminal law. The unlawful breaking into a house, in order to commit a crime. 2) Estates, rights. The taking possession of lands by the legal owner. 3) Commercial law. The act of setting down the particulars of a sale, or other transaction, in a merchant's or tradesman's accouut books; such entries are, in general, prima facie evidence of the sale and delivery, and of work, done. Years Estate for years. Receipt Contracts. A receipt is an acknowledgment in writing that the party giving the same has received from the person therein named, the money or other thing therein specified. Rent Estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use. Freehold Estates. An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uneertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient. Rule This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line. Doctrine A rule or principle or the law established through the repeated application of legal precedents. Tenant Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will Guardian An individual who, by legal appointment or by the effect of a written law, is given custodyof both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person. Brother Domestic relat. He who is born from the same father and mother with another, or from one of them only. Equivalent Of the same value. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. SIMILAR TERMS-------------------------------------- Posse This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. Posse comitatus These Latin words signify the power of the county. Possessed This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Possessor He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own. Possessory action Old English law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside. Possessory liens At common law, the right of a bailee to retain property in his possession belonging to another until certain claims of the bailee in possession are satisfied. The common carrier thus had a possessory lien for freight (supra), which was strictly possessory and was lost when the cargo was delivered unconditionally. This lien was recognized by English admiralty law, as well as the possessory liens of salvors and repairmen. Possessory liens are also recognized in the United States. The civil law equivalent of the possessory lien is the right of retention. Possibility An uncertain thing which may happen; or it is a contingent interest in real or personal estate. PREVIOUS AND NEXT TERMS-------------------------------------- Positive Express; absolute; not doubtful. This word is frequently used in composition. Positive law Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. Posse This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be; when the thing is in being, the phrase to express it is, in esse. Posse comitatus These Latin words signify the power of the county. Possessed This word is applied to the right and enjoyment of a termor or a person having a term, who is said to be possessed, and not seized. Possessio fratris Possession International law. By possession is meant a country which is held by no other title than mere conquest. Possessor He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own. Possessory action Old English law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside. Possessory liens At common law, the right of a bailee to retain property in his possession belonging to another until certain claims of the bailee in possession are satisfied. The common carrier thus had a possessory lien for freight (supra), which was strictly possessory and was lost when the cargo was delivered unconditionally. This lien was recognized by English admiralty law, as well as the possessory liens of salvors and repairmen. Possessory liens are also recognized in the United States. The civil law equivalent of the possessory lien is the right of retention. Possibility An uncertain thing which may happen; or it is a contingent interest in real or personal estate. We thank you for using the Juridical Dictionary to search for Possessio fratris. If you have a better definition for Possessio fratris than the one presented here, please let us know by making use of the suggest a term option. This definition of Possessio fratris may be disputed by other professionals. 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