Actio Rescissoria

In c Wl law. An action for rescinding a title acquired by prescription in a case where the party bringing the action was entitled to exemption from the operation of the prescription.

An action for rescinding a title acquired by prescription in a case where the party bringing the action was entitled to exemption from the operation of the prescription.

In the civil law. An action for restoring the plaintift to a right or title whieh he has lost by preseription, in a case where the equities are such that he should be relieved from the operation of the prescription. Mackeld. Rom. Law. § 226.

In the civil law. An action for rescinding the title by prescription in certain cases; as where a person, while absent in the service of the state, had gained a prescriptive title to a thing belonging to a resident {rem, ejus qui in civitate esset, ustu;eperit;) the owner was a Uowed {permittitur domino) within a year after the return of the possessor from foreign service, to demand the thing, by rescinding the prescription; {rescissa usuca- pione eam rem petere;) that is, to demand it by all^;ing that the possessor had not, m fact, gained a title by prescription, and that therefore the thin^ was still his own. Inst. 4. 6. 5. This action is differently described by Heineccius, Halifax, and other writers. JSeinecc. Elem. lib. 4, tit. 6, § 1132.. Halifax Anal. b. 3, c. 1, n. 10. See Rescissory action,