Legal Term Dictionary

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 plaintiffs title, or which involves the bare right only; the latter being called a "petitory" action. An action founded pn More...

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 plaintiffs title, or which involves the bare right only; the latter being called a "petitory" action. An action founded pn possession. Trespass for injuries to personal property ia called 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 possession. 1 Chit. PL 168, 169. In admiralty praetiee. A possessory suit is one which is brought to recover the possession of a vessel, had under a claim of title. The Tllton, 5 Mason, 465, Fed. Cas. No, 14,054; 1 Kent, Contm. 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 heritable or movable goods; e. p., the 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 disturbed, or to be reinstated to that possession, when he has been divested or evicted. Code Proc. La. | 6. Less...

Lat Possibility; a possibility. Possibilitas post dissolutionem executionis nunquam reviviscatur, a possibility will never be revived after the dissolution of its execution. 1 Rolle, 321. Post executioncm status, lex non patitur possi-bilitatem, after the execution of an estate the law does not suffer a possibility. 3 Bulst. 108.

Lat Possibility; a possibility. Possibilitas post dissolutionem executionis nunquam reviviscatur, a possibility will never be revived after the dissolution of its execution. 1 Rolle, 321. Post executioncm status, lex non patitur possi-bilitatem, after the execution of an estate the law does not suffer a possibility. 3 Bulst. 108. Less...

An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzle v. Winston; 14 Fted. Cas. 051; Bodenhamer 5 v. Welch, 89 N. C. 78; Needles v. Needles, 7 Ohio St. 442, 70 Am. Dec. 85. It is either near, (or ordinary,) as where an estate More...

An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzle v. Winston; 14 Fted. Cas. 051; Bodenhamer 5 v. Welch, 89 N. C. 78; Needles v. Needles, 7 Ohio St. 442, 70 Am. Dec. 85. It is either near, (or ordinary,) as where an estate is limited to one after the death of another, or remote, (or extraordinary,)' as where it is limited to a man, provided he marries a certain woman, and that she Bhall die and he shall marry another. -Bare possibility. The same as a "naked" possibility. See tn/ro.-Naked possibility. A bare chance or expectation of acquiring a property or succeeding to an estate in the future, but without any present right in or to it which the law would recognize as an estate or interest See Rogers v. Felton, 98 Ky. 148, 32 S. W. 406.-Possibility coupled with an interest. An expectation recognized in law as an estate or interest, such as occurs in executory devises and shifting or springing uses; such a possibility may be sold or assigned.-Possibility of reverter. This term denotes no estate, but only a possibility to have the estate at a future time. Of such possibilities there are ' several kinds, of which two are usually denoted bv the term under consideration, 1) the possibility that a common-law fee may return to the grantor by breach of a condition subject to which it was granted, (2) the possibility that a common-law fee other than a fee simple may revert to tfie grantor by the natural determination of the fee. Carney v. Kain, 40 W. Va. 758, 23 S. E. 650.-Possibility om a possibility. A remote possibility, as if a remainder be limited in particular to A.'s son John, or Edward, it is bad if he have no son of that name, for it is too remote a possibility that he should not only have a son, but a son of that particular name. 2 Coke, 51. Less...

Capable of existing or happening; feasible. m In another sense, the word denotes extreme improbability, without-excluding the idea of feasibility. It is also sometimes equivalent to "practicable" or "reasonable," as in some cases where action is required to be taken "as soon as possible." See Palmer v. St. Paul Fire More...

Capable of existing or happening; feasible. m In another sense, the word denotes extreme improbability, without-excluding the idea of feasibility. It is also sometimes equivalent to "practicable" or "reasonable," as in some cases where action is required to be taken "as soon as possible." See Palmer v. St. Paul Fire A Marine Ins. Co., 44 Wis. 208. Less...

Lat After; occurring in a report or a text-book, is used to send the reader to a subsequent part of the book.

Lat After; occurring in a report or a text-book, is used to send the reader to a subsequent part of the book. Less...

A conveyance for letters or dispatches. The word is derived from "positi," the horses carrying the letters or dispatches being kept or placed at fixed stations. The word is also applied to the person who conveys the letters to the houses where he takes up and lays down his charge, More...

A conveyance for letters or dispatches. The word is derived from "positi," the horses carrying the letters or dispatches being kept or placed at fixed stations. The word is also applied to the person who conveys the letters to the houses where he takes up and lays down his charge, and to the stages or distances between house and house. Hence the phrases, post-boy, post-horse, post-house, etc. Wharton. Less...

An after-act; an act done afterwards.

An after-act; an act done afterwards. Less...

After the Conquest Words inserted in the king's title by King Edward I., and constantly used in the time of Edward III. Tomlins.

After the Conquest Words inserted in the king's title by King Edward I., and constantly used in the time of Edward III. Tomlins. Less...

To date an instrument as of a time later than that at which it is really made.

To date an instrument as of a time later than that at which it is really made. Less...

After the day; as, a plea of payment post diem, after the day when the money became due. Com. Dig. "Pleader," 2. In old practice. The return of a writ after the day assigned. A fee paid in such case. Cowell.

After the day; as, a plea of payment post diem, after the day when the money became due. Com. Dig. "Pleader," 2. In old practice. The return of a writ after the day assigned. A fee paid in such case. Cowell. Less...