| slovo | definícia |
possession
(mass) | possession
- vlastníctvo |
possession
(encz) | possession,držení n: Zdeněk Brož |
possession
(encz) | possession,majetek n: Zdeněk Brož |
possession
(encz) | possession,posedlost n: Zdeněk Brož |
possession
(encz) | possession,vlastnictví n: Zdeněk Brož |
Possession
(gcide) | Possession \Pos*ses"sion\, v. t.
To invest with property. [Obs.]
[1913 Webster] |
Possession
(gcide) | Possession \Pos*ses"sion\, n. [F. possession, L. possessio.]
1. The act or state of possessing, or holding as one's own.
[1913 Webster]
2. (Law) The having, holding, or detention of property in
one's power or command; actual seizin or occupancy;
ownership, whether rightful or wrongful.
[1913 Webster]
Note: Possession may be either actual or constructive;
actual, when a party has the immediate occupancy;
constructive, when he has only the right to such
occupancy.
[1913 Webster]
3. The thing possessed; that which any one occupies, owns, or
controls; in the plural, property in the aggregate;
wealth; dominion; as, foreign possessions.
[1913 Webster]
When the young man heard that saying, he went away
sorrowful, for he had great possessions. --Matt.
xix. 22.
[1913 Webster]
Ananias, with Sapphira his wife, sold a possession.
--Acts v. 1.
[1913 Webster]
The house of Jacob shall possess their possessions.
--Ob. 17.
[1913 Webster]
4. The state of being possessed or controlled, as by an evil
spirit, or violent passions; madness; frenzy; as,
demoniacal possession.
[1913 Webster]
How long hath this possession held the man? --Shak.
[1913 Webster]
To give possession, to put in another's power or occupancy.
To put in possession.
(a) To invest with ownership or occupancy; to provide or
furnish with; as, to put one in possession of facts or
information.
(b) (Law) To place one in charge of property recovered in
ejectment or writ of entry.
To take possession, to enter upon, or to bring within one's
power or occupancy.
Writ of possession (Law), a precept directing a sheriff to
put a person in peaceable possession of property recovered
in ejectment or writ of entry.
[1913 Webster] |
possession
(wn) | possession
n 1: the act of having and controlling property [syn:
possession, ownership]
2: anything owned or possessed
3: being controlled by passion or the supernatural
4: a mania restricted to one thing or idea [syn: monomania,
possession]
5: a territory that is controlled by a ruling state
6: the trait of resolutely controlling your own behavior [syn:
self-control, self-possession, possession, willpower,
will power, self-command, self-will]
7: (sport) the act of controlling the ball (or puck); "they took
possession of the ball on their own goal line" |
POSSESSION
(bouvier) | POSSESSION, intern. law. By possession is meant a country which is held by
no other title than mere conquest.
2. In this sense Possession differs from a dependency, which belongs
rightfully to the country which has dominion over it; and from colony, which
is a country settled by citizens or subjects of the mother country. 3 Wash.
C. C. R. 286.
|
POSSESSION
(bouvier) | POSSESSION, property. The detention or enjoyment of a thing which a man
holds or exercises by himself or by another who keeps or exercises it in his
name. By the possession of a thing, we always conceive the condition, in
which not only one's own dealing with the thing is physically possible, but
every other person's dealing with it is capable of being excluded. Thus, the
seaman possesses his ship, but not the water in which it moves, although he
makes each subserve his purpose.
2. In order to complete a possession two things are required. 1st. That
there be an occupancy, apprehension, (q.v.) or taking. 2dly. That the taking
be with an intent to possess (animus possidendi), hence persons who have no
legal wills, as children and idiots, cannot possess or acquire possession.
Poth. h. It.; Etienne, h.t. See Mer. R. 358; Abbott on Ship. 9, et seq. But
an infant of sufficient understanding may lawfully acquire the possession of
a thing.
3. Possession is natural or civil; natural, when a man detains a thing
corporeal, as by occupying a house, cultivating grounds or retaining a
movable in his custody; possession is civil, when a person ceases to reside
in the house, or on the land which he occupied, or to detain the movable he
possessed, but without intending to abandon the possession. See, as to
possession of lands, 2 Bl. Com. 116; Hamm. Parties, 178; 1 McLean's R. 214,
265.
4. Possession is also actual or constructive; actual, when the thing is
in the immediate occupancy of the party. 3 Dey. R. 34. Constructive, when a
man claims to hold by virtue of some title, without having the actual
Occupancy; as, when the owner of a lot of land, regularly laid out, is in
possession of any part, he is considered constructively in possession of the
whole. 11 Vern. R. 129. What removal of property or loss of possession will
be sufficient to constitute larceny, vide 2 Chit. Cr. Law, 919; 19 Jurist,
14; Etienne, h.t. Civ. Code of Louis. 3391, et seq.
5. Possession, in the civil law, is divided into natural and civil. The
same division is adopted by the Civil Code of Louisiana.
6. Natural possession is that by which a man detains a thing corporeal,
as by occupying a house, cultivating ground, or retaining a movable in his
possession. Natural possession is also defined to be the corporeal detention
of a thing, which we possess as belonging to us, without any title to that
possession, or with a title which is void. Civ. Code of Lo. art. 3391, 3393.
7. Possession is civil, when a person ceases to reside in a house or on
the land which he occupied, or to detain the movable which he possessed, but
without intending to abandon the possession. It is the detention of a thing,
by virtue of a just title, and under the conviction of possessing as owner.
Id. art. 3392, 3394.
8. Possession applies properly only to corporeal things, movables and
immovables. The possession of incorporeal rights, such as servitudes and
other rights of that nature, is only a quasi. possession, and is exercised
by a species of possession of which these rights are susceptible. Id. art.
3395.
9. Possession may be enjoyed by the proprietor of the, thing, or by
another for him; thus the proprietor of a house possesses it by his tenant
or farmer.
10. To acquire possession of a property, two things are requisite. 1.
The intention of possessing as owner. 2. The corporeal possession of the
thing. Id. art. 3399.
11. Possession is lost with or without the consent of the possessor. It
is lost with his consent, 1. When he transfers this possession to another
with the intention to divest himself of it. 2. When he does some act, which
manifests his intention of abandoning possession, as when a man throws into
the street furniture or clothes, of which he no longer chooses to make use.
Id. art. 3411. A possessor of an estate loses the possession against his
consent. 1. When another expels him from it, whether by force in driving him
away, or by usurping possession during his absence, and preventing him from
reentering. 2. When the possessor of an estate allows it to be usurped, and
held for a year, without, during that time, having done any act of
possession, or interfered with the usurper's possession. Id. art. 3412.
12. As to the effects of the purchaser's taking possession, see Sugd.
Vend. 8, 9; 3 P. Wms. 193; 1 Ves. Jr. 226; 12 Ves. Jr. 27; 11 Ves. Jr. 464.
Vide, generally, 5 Harr. & John. 230, 263; 6 Har. & John. 336; 1 Har. &
John. 18; 1 Greenl. R. 109; 2 Har. & McH. 60, 254, 260; 3 Bibb, R. 209 1
Har. & McH., 210; 4 Bibb, R. 412, 6 Cowen, R. 632; 9 Cowen, R. 241; 5 Wheat.
R. 116, 124; Cowp. 217; Code Nap. art. 2228; Code of the Two Sicilies, art.
2134; Bavarian Code, B. 2, c. 4, n. 5; Prus. Code, art. 579; Domat, Lois
Civ. liv. 3, t, 7, s. 1; Vin. Ab. h.t.; Wolff, Inst. Sec. 200, and the note
in the French translation; 2 Greenl. Ev. Sec. 614, 615; Co. Litt. 57 a; Cro.
El. 777; 5 Co. 13; 7 John. 1.
|
| | podobné slovo | definícia |
possession
(mass) | possession
- vlastníctvo |
constructive possession
(encz) | constructive possession, n: |
criminal possession
(encz) | criminal possession, n: |
dispossession
(encz) | dispossession,vyvlastnění n: Zdeněk Brož |
empirical possession
(encz) | empirical possession,empirická držba [eko.] RNDr. Pavel Piskač |
illegal possession
(encz) | illegal possession, n: |
material possession
(encz) | material possession, n: |
possession
(encz) | possession,držení n: Zdeněk Brožpossession,majetek n: Zdeněk Brožpossession,posedlost n: Zdeněk Brožpossession,vlastnictví n: Zdeněk Brož |
possessional
(encz) | possessional, |
possessions
(encz) | possessions,majetky n: pl. Zdeněk Brožpossessions,vlastnictví n: pl. Zdeněk Brož |
prepossession
(encz) | prepossession,předsudek n: Zdeněk Brož |
repossession
(encz) | repossession,opětovné převzetí n: Zdeněk Brož |
self-possession
(encz) | self-possession,sebeovládání Jaroslav Šedivý |
take possession
(encz) | take possession,zmocnit se v: Zdeněk Brož |
take possession of
(encz) | take possession of,zmocnit se |
taking possession
(encz) | taking possession, n: |
transferred possession
(encz) | transferred possession, n: |
worldly possessions
(encz) | worldly possessions, n: |
Adverse possession
(gcide) | Adverse \Ad"verse\, a. [OE. advers, OF. avers, advers, fr. L.
adversus, p. p. advertere to turn to. See Advert.]
[1913 Webster]
1. Acting against, or in a contrary direction; opposed;
contrary; opposite; conflicting; as, adverse winds; an
adverse party; a spirit adverse to distinctions of caste.
[1913 Webster]
2. Opposite. "Calpe's adverse height." --Byron.
[1913 Webster]
3. In hostile opposition to; unfavorable; unpropitious;
contrary to one's wishes; unfortunate; calamitous;
afflictive; hurtful; as, adverse fates, adverse
circumstances, things adverse.
[1913 Webster]
Happy were it for us all if we bore prosperity as
well and wisely as we endure an adverse fortune.
--Southey.
[1913 Webster]
Adverse possession (Law), a possession of real property
avowedly contrary to some claim of title in another
person. --Abbott.
[1913 Webster]
Syn: Averse; reluctant; unwilling. See Averse.
[1913 Webster] |
Chose in possession
(gcide) | Chose \Chose\, n.; pl. Choses. [F., fr. L. causa cause,
reason. See Cause.] (Law)
A thing; personal property.
[1913 Webster]
Chose in action, a thing of which one has not possession or
actual enjoyment, but only a right to it, or a right to
demand it by action at law, and which does not exist at
the time in specie; a personal right to a thing not
reduced to possession, but recoverable by suit at law; as
a right to recover money due on a contract, or damages for
a tort, which can not be enforced against a reluctant
party without suit.
Chose in possession, a thing in possession, as
distinguished from a thing in action.
Chose local, a thing annexed to a place, as a mill.
Chose transitory, a thing which is movable. --Cowell.
Blount.
[1913 Webster] |
Dispossession
(gcide) | Dispossession \Dis`pos*ses"sion\, n. [Cf. F. d['e]possession.]
1. The act of putting out of possession; the state of being
dispossessed. --Bp. Hall.
[1913 Webster]
2. (Law) The putting out of possession, wrongfully or
otherwise, of one who is in possession of a freehold, no
matter in what title; -- called also ouster.
[1913 Webster] |
Possessionary
(gcide) | Possessionary \Pos*ses"sion*a*ry\, a.
Of or pertaining to possession; arising from possession.
[1913 Webster] |
Possessioner
(gcide) | Possessioner \Pos*ses"sion*er\, n.
1. A possessor; a property holder. [Obs.] "Possessioners of
riches." --E. Hall.
[1913 Webster]
Having been of old freemen and possessioners. --Sir
P. Sidney.
[1913 Webster]
2. An invidious name for a member of any religious community
endowed with property in lands, buildings, etc., as
contrasted with mendicant friars. [Obs.] --Wyclif.
[1913 Webster] |
Prepossession
(gcide) | Prepossession \Pre`pos*ses"sion\, n.
[1913 Webster]
1. Preoccupation; prior possession. --Hammond.
[1913 Webster]
2. Preoccupation of the mind by an opinion, or impression,
already formed; preconceived opinion; previous impression;
bias; -- generally, but not always, used in a favorable
sense; as, the prepossessions of childhood. "The
prejudices and prepossessions of the country." --Sir W.
Scott.
[1913 Webster]
Syn: Bent; bias; inclination; preoccupancy; prejudgment. See
Bent.
[1913 Webster] |
Repossession
(gcide) | Repossession \Re`pos*ses"sion\ (r?`p?z-z?sh"?n or -p?s s?sh"?n),
n.
The act or the state of possessing again.
[1913 Webster] |
Self-possession
(gcide) | Self-possession \Self`-pos*ses"sion\, n.
The possession of one's powers; calmness; self-command;
presence of mind; composure.
[1913 Webster] |
To give possession
(gcide) | Possession \Pos*ses"sion\, n. [F. possession, L. possessio.]
1. The act or state of possessing, or holding as one's own.
[1913 Webster]
2. (Law) The having, holding, or detention of property in
one's power or command; actual seizin or occupancy;
ownership, whether rightful or wrongful.
[1913 Webster]
Note: Possession may be either actual or constructive;
actual, when a party has the immediate occupancy;
constructive, when he has only the right to such
occupancy.
[1913 Webster]
3. The thing possessed; that which any one occupies, owns, or
controls; in the plural, property in the aggregate;
wealth; dominion; as, foreign possessions.
[1913 Webster]
When the young man heard that saying, he went away
sorrowful, for he had great possessions. --Matt.
xix. 22.
[1913 Webster]
Ananias, with Sapphira his wife, sold a possession.
--Acts v. 1.
[1913 Webster]
The house of Jacob shall possess their possessions.
--Ob. 17.
[1913 Webster]
4. The state of being possessed or controlled, as by an evil
spirit, or violent passions; madness; frenzy; as,
demoniacal possession.
[1913 Webster]
How long hath this possession held the man? --Shak.
[1913 Webster]
To give possession, to put in another's power or occupancy.
To put in possession.
(a) To invest with ownership or occupancy; to provide or
furnish with; as, to put one in possession of facts or
information.
(b) (Law) To place one in charge of property recovered in
ejectment or writ of entry.
To take possession, to enter upon, or to bring within one's
power or occupancy.
Writ of possession (Law), a precept directing a sheriff to
put a person in peaceable possession of property recovered
in ejectment or writ of entry.
[1913 Webster] |
To put in possession
(gcide) | Possession \Pos*ses"sion\, n. [F. possession, L. possessio.]
1. The act or state of possessing, or holding as one's own.
[1913 Webster]
2. (Law) The having, holding, or detention of property in
one's power or command; actual seizin or occupancy;
ownership, whether rightful or wrongful.
[1913 Webster]
Note: Possession may be either actual or constructive;
actual, when a party has the immediate occupancy;
constructive, when he has only the right to such
occupancy.
[1913 Webster]
3. The thing possessed; that which any one occupies, owns, or
controls; in the plural, property in the aggregate;
wealth; dominion; as, foreign possessions.
[1913 Webster]
When the young man heard that saying, he went away
sorrowful, for he had great possessions. --Matt.
xix. 22.
[1913 Webster]
Ananias, with Sapphira his wife, sold a possession.
--Acts v. 1.
[1913 Webster]
The house of Jacob shall possess their possessions.
--Ob. 17.
[1913 Webster]
4. The state of being possessed or controlled, as by an evil
spirit, or violent passions; madness; frenzy; as,
demoniacal possession.
[1913 Webster]
How long hath this possession held the man? --Shak.
[1913 Webster]
To give possession, to put in another's power or occupancy.
To put in possession.
(a) To invest with ownership or occupancy; to provide or
furnish with; as, to put one in possession of facts or
information.
(b) (Law) To place one in charge of property recovered in
ejectment or writ of entry.
To take possession, to enter upon, or to bring within one's
power or occupancy.
Writ of possession (Law), a precept directing a sheriff to
put a person in peaceable possession of property recovered
in ejectment or writ of entry.
[1913 Webster] |
To take possession
(gcide) | Possession \Pos*ses"sion\, n. [F. possession, L. possessio.]
1. The act or state of possessing, or holding as one's own.
[1913 Webster]
2. (Law) The having, holding, or detention of property in
one's power or command; actual seizin or occupancy;
ownership, whether rightful or wrongful.
[1913 Webster]
Note: Possession may be either actual or constructive;
actual, when a party has the immediate occupancy;
constructive, when he has only the right to such
occupancy.
[1913 Webster]
3. The thing possessed; that which any one occupies, owns, or
controls; in the plural, property in the aggregate;
wealth; dominion; as, foreign possessions.
[1913 Webster]
When the young man heard that saying, he went away
sorrowful, for he had great possessions. --Matt.
xix. 22.
[1913 Webster]
Ananias, with Sapphira his wife, sold a possession.
--Acts v. 1.
[1913 Webster]
The house of Jacob shall possess their possessions.
--Ob. 17.
[1913 Webster]
4. The state of being possessed or controlled, as by an evil
spirit, or violent passions; madness; frenzy; as,
demoniacal possession.
[1913 Webster]
How long hath this possession held the man? --Shak.
[1913 Webster]
To give possession, to put in another's power or occupancy.
To put in possession.
(a) To invest with ownership or occupancy; to provide or
furnish with; as, to put one in possession of facts or
information.
(b) (Law) To place one in charge of property recovered in
ejectment or writ of entry.
To take possession, to enter upon, or to bring within one's
power or occupancy.
Writ of possession (Law), a precept directing a sheriff to
put a person in peaceable possession of property recovered
in ejectment or writ of entry.
[1913 Webster] |
Writ of possession
(gcide) | Possession \Pos*ses"sion\, n. [F. possession, L. possessio.]
1. The act or state of possessing, or holding as one's own.
[1913 Webster]
2. (Law) The having, holding, or detention of property in
one's power or command; actual seizin or occupancy;
ownership, whether rightful or wrongful.
[1913 Webster]
Note: Possession may be either actual or constructive;
actual, when a party has the immediate occupancy;
constructive, when he has only the right to such
occupancy.
[1913 Webster]
3. The thing possessed; that which any one occupies, owns, or
controls; in the plural, property in the aggregate;
wealth; dominion; as, foreign possessions.
[1913 Webster]
When the young man heard that saying, he went away
sorrowful, for he had great possessions. --Matt.
xix. 22.
[1913 Webster]
Ananias, with Sapphira his wife, sold a possession.
--Acts v. 1.
[1913 Webster]
The house of Jacob shall possess their possessions.
--Ob. 17.
[1913 Webster]
4. The state of being possessed or controlled, as by an evil
spirit, or violent passions; madness; frenzy; as,
demoniacal possession.
[1913 Webster]
How long hath this possession held the man? --Shak.
[1913 Webster]
To give possession, to put in another's power or occupancy.
To put in possession.
(a) To invest with ownership or occupancy; to provide or
furnish with; as, to put one in possession of facts or
information.
(b) (Law) To place one in charge of property recovered in
ejectment or writ of entry.
To take possession, to enter upon, or to bring within one's
power or occupancy.
Writ of possession (Law), a precept directing a sheriff to
put a person in peaceable possession of property recovered
in ejectment or writ of entry.
[1913 Webster] |
actual possession
(wn) | actual possession
n 1: (law) immediate and direct physical control over property |
constructive possession
(wn) | constructive possession
n 1: (law) having the power and intention to have and control
property but without direct control or actual presence upon
it |
criminal possession
(wn) | criminal possession
n 1: (law) possession for which criminal sanctions are provided
because the property may not lawfully be possessed or may
not be possessed under certain circumstances |
dispossession
(wn) | dispossession
n 1: the expulsion of someone (such as a tenant) from the
possession of land by process of law [syn: eviction,
dispossession, legal ouster]
2: freeing from evil spirits [syn: exorcism, dispossession] |
illegal possession
(wn) | illegal possession
n 1: possession of controlled substances |
material possession
(wn) | material possession
n 1: property or belongings that are tangible [syn: {tangible
possession}, material possession] |
possession
(wn) | possession
n 1: the act of having and controlling property [syn:
possession, ownership]
2: anything owned or possessed
3: being controlled by passion or the supernatural
4: a mania restricted to one thing or idea [syn: monomania,
possession]
5: a territory that is controlled by a ruling state
6: the trait of resolutely controlling your own behavior [syn:
self-control, self-possession, possession, willpower,
will power, self-command, self-will]
7: (sport) the act of controlling the ball (or puck); "they took
possession of the ball on their own goal line" |
prepossession
(wn) | prepossession
n 1: the condition of being prepossessed; "the king's
prepossession in my favor is very valuable"
2: an opinion formed beforehand without adequate evidence; "he
did not even try to confirm his preconceptions" [syn:
preconception, prepossession, parti pris, {preconceived
opinion}, preconceived idea, preconceived notion] |
repossession
(wn) | repossession
n 1: the action of regaining possession (especially the seizure
of collateral securing a loan that is in default) |
self-possession
(wn) | self-possession
n 1: the trait of resolutely controlling your own behavior [syn:
self-control, self-possession, possession,
willpower, will power, self-command, self-will] |
tangible possession
(wn) | tangible possession
n 1: property or belongings that are tangible [syn: {tangible
possession}, material possession] |
transferred possession
(wn) | transferred possession
n 1: a possession whose ownership changes or lapses [syn:
transferred property, transferred possession] |
worldly possession
(wn) | worldly possession
n 1: a commodity or good associated with the earthly, rather
than the spiritual, existence of human beings [syn:
worldly possession, worldly good] |
worldly possessions
(wn) | worldly possessions
n 1: all the property that someone possess; "he left all his
worldly possessions to his daughter" [syn: {worldly
possessions}, worldly belongings, worldly goods] |
ADVERSE POSSESSION
(bouvier) | ADVERSE POSSESSION, title to lands. The enjoyment of land, or such estate as
lies in grant, under such circumstances as indicate that such enjoyment has
been commenced and continued, under an assertion or color of right on the
part of the possessor. 3 East, R. 394; 1 Pick. Rep. 466; 1 Dall. R. 67; 2
Serg. & Rawle, 527; 10 Watts R, 289; 8 Con R. 440; 3 Penn. 132; 2 Aik. 364;
2 Watts, 23; 9, John. 174; 18 John. 40, 355; 5 Pet. 402; 4 Bibb, 550.
Actual possession is a pedis possessio which can be only of ground enclosed,
and only such possession can a wrongdoer have. He can have no constructive
possession. 7 Serg. & R. 192; 3 Id. 517; 2 Wash. C. Rep. 478, 479.
2. When the possession or enjoyment has been adverse for twenty years,
of which the jury are to judge from the circumstances the law raises the
presumption of a grant. Ang. on Wat. Courses, 85, et seq. But this
presumption arises only when the use or occupation would otherwise have been
unlawful. 3 Greenl. R. 120; 6 Binn. R. 416; 6 Cowen, R. 617, 677; Cowen, R.
589; 4 S. & R. 456. See 2 Smith's Lead. Cas. 307-416.
3. There are four general rules by which it may be ascertained that
possession is not adverse; these will be separately considered.
4.-1. When both parties claim under the same title; as, if a man
seised of certain land in fee, have issue two sons and die seised, and one
of the sons enter by abatement into the land, the statute, of limitations
will not operate against the other son; for when the abator entered into the
land of his father, before entry made by his brother, the law intends that
he entered claiming as heir to his father, by which title the other son also
claims. Co. Litt s. 396.
5.-2. When the possession of the one party is consistent with the
title of the other; as, where, the rents of a trust state were received by a
cestui que trust for more than twenty years after the creation of the trust,
without any interference, of the trustee, such possession being consistent
with and secured to the cestui que trust by the terms of the deed, the
receipt was held not to be adverse to the title of the trustee. 8 East. 248.
6.-3. When, in contemplation of law, the claimant has never been out
of possession; as, where Paul devised lands to John and his heirs, and died,
and John died, and afterwards the heirs of John and a stranger entered, and
took the profits for twenty years; upon ejectment brought by the devisee of
the heir of John against the stranger, it was held that the perception of
the rents and profits by the stranger was not adverse to the devisee's
title; for when two men are in possession, the law adjudges it to be the
possession of him who has the right. Lord Raym. 329.
7.-4. When the occupier has acknowledged the claimant's titles; as,
if a lease be granted for a term, and, after paying the rent for the land
during such term, the tenant hold for twenty years without paying rent, his
possession will not be adverse. See Bos. & P. 542; 8 B. & Cr. 717; 2 Bouv.
Inst. n. 2193-94, 2351.
|
HABERE FACIAS POSSESSIONEM
(bouvier) | HABERE FACIAS POSSESSIONEM, Practice, remedies. The name of a writ of
execution in the action of ejectment.
2. The sheriff, is commanded by this writ that, without delay, he cause
the plaintiff to have possession of the land in dispute which is therein
described; a fi. fa. or ca. sa. for costs may be included in the writ. The
duty of the sheriff in the execution and return of that part of the writ, is
the same as on a common fi. fa. or ca. sa. The sheriff is to execute this
writ by delivering a full and, actual possession of the premises to the
plaintiff. For this purpose he may break an outer or inner door of the
house, and, should he be violently opposed, he may raise the posse
comitatus. Wats. on Sher. 60, 215; 5 Co. 91 b.; 1 Leon. 145; 3 Bouv. Inst.
n. 3375.
3. The name of this writ is abbreviated hab. fa. poss. Vide 10 Vin. Ab.
14; Tidd's Pr. 1081, 8th Engl. edit.; 2 Arch. Pr. 58; 3 Bl. Com. 412; Bing.
on Execut. 115, 252; Bac. Ab. h.t.
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IMMEMORIAL POSSESSION
(bouvier) | IMMEMORIAL POSSESSION. In Louisiana, by this term is understood that of
which no man living has seen the beginning, and the existence of which he
has learned from his elders. Civ. Code of Lo. art. 762; 2 M. R. 214; 7 L. R.
46; 3 Toull. p. 410; Poth. Contr. de Societe, n. 244; 3 Bouv. Inst. n. 3069,
note.
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POSSESSION
(bouvier) | POSSESSION, intern. law. By possession is meant a country which is held by
no other title than mere conquest.
2. In this sense Possession differs from a dependency, which belongs
rightfully to the country which has dominion over it; and from colony, which
is a country settled by citizens or subjects of the mother country. 3 Wash.
C. C. R. 286.
POSSESSION, property. The detention or enjoyment of a thing which a man
holds or exercises by himself or by another who keeps or exercises it in his
name. By the possession of a thing, we always conceive the condition, in
which not only one's own dealing with the thing is physically possible, but
every other person's dealing with it is capable of being excluded. Thus, the
seaman possesses his ship, but not the water in which it moves, although he
makes each subserve his purpose.
2. In order to complete a possession two things are required. 1st. That
there be an occupancy, apprehension, (q.v.) or taking. 2dly. That the taking
be with an intent to possess (animus possidendi), hence persons who have no
legal wills, as children and idiots, cannot possess or acquire possession.
Poth. h. It.; Etienne, h.t. See Mer. R. 358; Abbott on Ship. 9, et seq. But
an infant of sufficient understanding may lawfully acquire the possession of
a thing.
3. Possession is natural or civil; natural, when a man detains a thing
corporeal, as by occupying a house, cultivating grounds or retaining a
movable in his custody; possession is civil, when a person ceases to reside
in the house, or on the land which he occupied, or to detain the movable he
possessed, but without intending to abandon the possession. See, as to
possession of lands, 2 Bl. Com. 116; Hamm. Parties, 178; 1 McLean's R. 214,
265.
4. Possession is also actual or constructive; actual, when the thing is
in the immediate occupancy of the party. 3 Dey. R. 34. Constructive, when a
man claims to hold by virtue of some title, without having the actual
Occupancy; as, when the owner of a lot of land, regularly laid out, is in
possession of any part, he is considered constructively in possession of the
whole. 11 Vern. R. 129. What removal of property or loss of possession will
be sufficient to constitute larceny, vide 2 Chit. Cr. Law, 919; 19 Jurist,
14; Etienne, h.t. Civ. Code of Louis. 3391, et seq.
5. Possession, in the civil law, is divided into natural and civil. The
same division is adopted by the Civil Code of Louisiana.
6. Natural possession is that by which a man detains a thing corporeal,
as by occupying a house, cultivating ground, or retaining a movable in his
possession. Natural possession is also defined to be the corporeal detention
of a thing, which we possess as belonging to us, without any title to that
possession, or with a title which is void. Civ. Code of Lo. art. 3391, 3393.
7. Possession is civil, when a person ceases to reside in a house or on
the land which he occupied, or to detain the movable which he possessed, but
without intending to abandon the possession. It is the detention of a thing,
by virtue of a just title, and under the conviction of possessing as owner.
Id. art. 3392, 3394.
8. Possession applies properly only to corporeal things, movables and
immovables. The possession of incorporeal rights, such as servitudes and
other rights of that nature, is only a quasi. possession, and is exercised
by a species of possession of which these rights are susceptible. Id. art.
3395.
9. Possession may be enjoyed by the proprietor of the, thing, or by
another for him; thus the proprietor of a house possesses it by his tenant
or farmer.
10. To acquire possession of a property, two things are requisite. 1.
The intention of possessing as owner. 2. The corporeal possession of the
thing. Id. art. 3399.
11. Possession is lost with or without the consent of the possessor. It
is lost with his consent, 1. When he transfers this possession to another
with the intention to divest himself of it. 2. When he does some act, which
manifests his intention of abandoning possession, as when a man throws into
the street furniture or clothes, of which he no longer chooses to make use.
Id. art. 3411. A possessor of an estate loses the possession against his
consent. 1. When another expels him from it, whether by force in driving him
away, or by usurping possession during his absence, and preventing him from
reentering. 2. When the possessor of an estate allows it to be usurped, and
held for a year, without, during that time, having done any act of
possession, or interfered with the usurper's possession. Id. art. 3412.
12. As to the effects of the purchaser's taking possession, see Sugd.
Vend. 8, 9; 3 P. Wms. 193; 1 Ves. Jr. 226; 12 Ves. Jr. 27; 11 Ves. Jr. 464.
Vide, generally, 5 Harr. & John. 230, 263; 6 Har. & John. 336; 1 Har. &
John. 18; 1 Greenl. R. 109; 2 Har. & McH. 60, 254, 260; 3 Bibb, R. 209 1
Har. & McH., 210; 4 Bibb, R. 412, 6 Cowen, R. 632; 9 Cowen, R. 241; 5 Wheat.
R. 116, 124; Cowp. 217; Code Nap. art. 2228; Code of the Two Sicilies, art.
2134; Bavarian Code, B. 2, c. 4, n. 5; Prus. Code, art. 579; Domat, Lois
Civ. liv. 3, t, 7, s. 1; Vin. Ab. h.t.; Wolff, Inst. Sec. 200, and the note
in the French translation; 2 Greenl. Ev. Sec. 614, 615; Co. Litt. 57 a; Cro.
El. 777; 5 Co. 13; 7 John. 1.
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VACANT POSSESSION
(bouvier) | VACANT POSSESSION, estates. An estate which has been abandoned by the
tenant; the abandonment must be complete in order to make the possession
vacant, and therefore if the tenant have goods on the premises, it will not
be so considered. 2 Chit. Rep. 17 7; 2 Str. 1064; Bull. N. P. 97; Comyn on
Landl. & Ten. 507, 517.
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