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Possessory action
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Possessory actionOld 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.
RELATED TERMS--------------------------------------
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Demandant
Practice. The plaintiff or party who brings a real action, is called the demandant.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Hereditaments
Estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land. By this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot therefore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Introduction
That part of a writing in which are detailed those facts which elucidate the subject. In chancery pleading, the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. In this part of the bill are also given the places of abode, title, or office, or business, and the character in which they sue, if it is in autre droit, and such other description as is required to show the jurisdiction of the court.
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.
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 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--------------------------------------
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
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
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.
Post date
To date an instrument a time after that on which it is made.
Post diem
After the day; as a plea of payment post diem, after the, day when the money became due.
RELATED TERMS--------------------------------------
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.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Demandant
Practice. The plaintiff or party who brings a real action, is called the demandant.
Possession
International law. By possession is meant a country which is held by no other title than mere conquest.
Hereditaments
Estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land. By this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot therefore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Introduction
That part of a writing in which are detailed those facts which elucidate the subject. In chancery pleading, the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. In this part of the bill are also given the places of abode, title, or office, or business, and the character in which they sue, if it is in autre droit, and such other description as is required to show the jurisdiction of the court.
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.
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 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--------------------------------------
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
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
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.
Post date
To date an instrument a time after that on which it is made.
Post diem
After the day; as a plea of payment post diem, after the, day when the money became due.
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This dictionary contains 8526 terms.
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