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Possession
PossessionInternational law. By possession is meant a country which is held by no other title than mere conquest. RELATED TERMS-------------------------------------- International That which pertains to intercourse between nations. International law is that which regulates the intercourse between, or the relative rights of nations. 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. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Country By country is meant the state of which one is a member. Title 1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like. Mere This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb. Conquest 1) Feudal law. This term was used by the feudists to signify purchase. 2) French law. The name given to every acquisition which the husband and wife, jointly or severally, make during the conjugal community. 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. Possessio fratris The 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. 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 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 The 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. Possession 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. Post After. When two or more alienations or descents have taken place between an original intruder ant or defendant in a writ of entry, the writ is said to be in the post, because it states that the tenant had not entry unless after the ouster of the original intruder. We thank you for using the Juridical Dictionary to search for Possession. If you have a better definition for Possession than the one presented here, please let us know by making use of the suggest a term option. This definition of Possession may be disputed by other professionals. 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