An action which has for its immediate object to obtain or recover the actual possession of the subject-matter ; as distinguished from an action which merely seeks to vindicate the plaintiff’s title, or which involves tlie bare right only; the latter being called a “petitory” action. An action founded on possession. Trespass for injuries to personal property is call ed a “possessory” action, because it lies only for a plaintiff who, at the moment of the injury complained of, was in actual or constructive, immediate, and exclusive posses- sion. 1 Chit. PI. 108, 109. In admiralty practice. A possessory suit is one which is brought to recover the possession of a vessel, had under a claim of title. The Tilton, 5 Mason, 465, Fed. Cas. No. 14.054; 1 Kent, Comm. 371. In old English law. A real action which had for its object the regaining possession of the freehold, of which the demandant or his ancestors had been unjustly deprived by the present tenant or possessor thereof. In Scotch law. An action for the vindication and recovery of the possession of her- itable or movable goods; e. g., tlie action of molestation. Paters. Comp. In Louisiana. An action by which one claims to be maintained in the possession of an immovable property, or of a right upon or growing out of it, when he has been dis- turbed, or to be reinstated to that possession, when he has bean divested or evicted. Code Proc. La.
What is POSSESSORY ACTION?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Suing Your Landlord: How, When, Why, & Should You Bother?
- Drug Decriminalization Laws Setup For Rehaul Throughout US
- Why Trump’s Lawsuit Tactics Won’t Turn The Election
- What Is Impeachment & How Does It Work, Exactly?
- War Drafts – What You Should Know About the Return of the Draft
- Fake News: History, Laws, & Is It Going To Ruin The Election… Again?
- Privacy Laws: Why It Matters, What To Do, & Important FAQs
- Deportation: Human Rights, FAQ, & What To Do
- Flexible Spending Account (FSA): Limits, Expenses & FAQ
- Census 2020: Everything You Need To Know Before You Say No
- Best Way to Find Someone in Jail for Free
- How Do You Look up License Plate Numbers?
- What Is A Police Welfare Check?
- Best Way to Run a Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?