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POSSESSORY ACTION Definition & Legal Meaning

Definition & Citations:

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.


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