Page:Black's Law Dictionary (Second Edition).djvu/924

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


POSS ESSIO PACIFIOA

session or an estate in tee-simple makes the . ster to be heir. 3 Coke, 41; Broom. Max. 52

Possessio pncifiea pour arms 60 facit jus. I’ent‘i.-able possession for sixty years gives a right. Jenk. Cent. %.

POSSESSION. The detention and control, or the ni:iiiu.i1 or ideal custody, of any- thing which niay be the subject of property, for ones use and ciJ_]oynient, either as owner or as the proprietor of a qualitied right in it, and either held [JeISOl.l2llly or by another who exeitlses it in ones plate and name. That CODtl.l[l0D of facts under which one can exer- cise his power over a corporeal thing at his pleasure to the exclusion of all other persons. See Staton v. Muilis, 92 N. C. (3313; Sunol v, Llcpburn, 1 Cal. 263; Cox v. Devinney. 65 N. J. Law, 38:), 4'! Atl. 570; Churchill v. Ondei dunk, 59 N. S‘. 136; Rice v. 1<‘r.iyser (C. C.) 2-1 Fed. 460; Travers v. ML-El\Qiin, 181 Ill. 382, 55 N. E. 135; uninierson v. State, 33 Tex. Cr. R. 8!), 25 S. W. 289; Slater v. Rnwson, b‘ iiletc. Glass.) -144.

—Actnal possession. This term, ns used in the prousions of Her. St N. Y. 1). 312, § 1, snthorizing proceedings to compel the determination of claims to reiil prupeity. means a possession in fact elfetted by iictnal entr upon the prunises; til] actual oecupiition. ‘hurchill v. Unilerdonk, 59 N. X. 134. It nieans an actual ouiupation or 130: ESEIOIJ in fact, as C0lJlI‘Ll[llS— tinguislied from that constructive one which the legal title draws after it. he word ctuail" is used in the statute in opposition to tual or constructhe, and calls for an open, visible occupaniy. Cleitland v. Crawford, 7 Hun (N. Y.) Cil6.—ALl.verso possession. The actual, open, and notorious pusscssion and enjoyment of real property, or of any estate 13 ing in giant, continued for a certain length of time, held adversely and in denial and opposition to the title of another claimant, or under circumstacnes which indicate an nssertion or color of right or title on the part of the poison maintaining it, as against unolher person “ho is out of passession. Costello v. Eiisou, 44 liiun. 1:55. 46 N. W. 299 Taylor v. Philippi, 35 \’i. \':1. 3-}, 14 S. E 1-'50; i’i('|:ett v. Pope, 74 Ala. IL ' Murtin v. Maine Cent. 1:. co., 83 Me. 100. a Atl. T40: Dixon v. Cools. 47 Miss .-—Cl.iose in possession. A thi biect 1erscniii prop- erty) in actual possess n, as distinguished from ti "iiiose in action," which is not presently in the owner's possi sion, but which he h.is a right to demand, rcccive, or recover by suit.-Civil possessinn. In modern ciiil law and in the law of Louisiana. that poo-ussion which exists vihen :1 person tenses to reside in a house or on the land which he occupied, or to dclz-iln the movable I\'illL‘h he possnssnd, but without intending to nbantion the puu~L=SiOlJ. It is the detention of a thing by virtue of :1 just title and under the conviction of possessing as owner. Cit. Code La. art J )1 et seq.-Constructive pnssessian. Passes ion not iictuiil but assum- 91' to exist, where one claims to hold by virtue of some title, without liiiving the actual occu- pancy, as, where the owner of H tract of land, regularly laid out. is in possession of a pint, he is cunstriictiveiy in possession of the u hole. Fleming i. l\.la.ddox. 30 lowa. 2-l1.—Derivntive possession. The kind of possession of one who is in the l.iwful occupation or custody of the property, but not under a claim of title of his own, but under a right deriied from another, as, for example, 8. tenant, bailee, licensee,


916


POSSESSION

etc Dispossession. The act of oi moving one from the post:-ssion of pr i ' . iield by him, which may be H v un nful, as in the case of a forcible or in pursuance of law, as where D “dispos<csscs" his tenant at the era] the term or for other cause by the aid cial process.-—Est.nte in possession. tate whereby a present interest nah‘ v resides in the tenant, not dcpon in: it i‘ sequent circumstance or contingency: Ii where the tenant is in rutual pcrnnncy I ceipt of the rents and pr0fits.—Nnl:ed po sion. The actual occupation of real '5‘-‘id ‘I without any apparent or coloi-able ritlil ' and continue such posses:-ion: 5 the lowest and most imperfect dcgtd Cl Bl. Comm. 195; B do rl Tex. Civ. ADD. 31, possession. That by w ch ii. m-in Liiing corpoi-eally, as, h; ul'<_I.lp)'ing ll cultivating gioniid, or retiiining ll. mm posses. on: natuial possession is in to be the corporeal detention of a lhln we possess as belonging to us, viflu ' sion nr with a title d Civ. (‘ode La. 1900. arts. ‘\ s Railroad Co. v. Le Roam. 8'.’ La, South. 854; unul v. lIE|1i)llI'l]. 1 ..—0pi_an possession.

out concealment or attempt at seci , or . out being covered up in the nriine of person, or otherwise attempted to be I from sight, but in such a manner tbiil ll son interested can ascertain who is artu possession by proper observafion and ' See ‘Bass v. Pense. 79 Ill. App. 31 — able possession. See PEACEABIE Po sion money. In En sh low. The n-an the sherifl’ puts in possession of goat ‘ under a writ of fieri fizriiis is entitled, while continues so in pass. . on, to a certain uh money per diam, whlc is thence terudl " session money." The amount is 35. Gd. per . if he is boarded, or 5s. per day if he is boarded. Bruwn.—-Possession, writ 0 “here the judgment in iin iiction of 4‘ is for the delivery of the land cluiinfu ' his writ is used to put thi pill i It is in the nature of v

at any time “ban ~ Swcet.—Scz-anibling possessin is term is meant a struggle for po.4~-0 .'.i

the land itself. not such a contest as 1! in the courts, or out ‘ ' tresp is such as uildi Dunn -4 Cal. 17 Lolidell v. Keene. ) . 90, 58 N. W. -126 Dyer v. Reitz, 14 Mo fi—Unity of possession. Joint III

of two ri_.:bts by S€V(‘I1li titles, as uhero g

of land acquires the title in fee-simplrg extingiiishcs the lease. The term mm dust! one of the essential properties of a joint all each of the tenants having the entire 1

as well of every ruin-cl us of the wbdv. 2 K Comm. 1Sl.—-Vacant possession. An fllb which has lleen abandoned, vaciileil, or fomfi by the tenant.

In the older hooks, “possession” is Mule- rlmes used as the synonym of "seisi.-i;" hat. strictly speaking, they are eiitii-sly ilifiivult terms. "The ditference between 1-osaisnll and seisin is : Lessee for years is posscail. and yet the lessor is still selscil; and therefore the terms of law are that of chattels ii man is possessed, whereas in ieofinients. gifts in tail, and leases for life he is described us

‘seised.’ " Noy, Max. 64.