Possessio
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
Lat In the civil law. That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. This condition of fact is called "detention," and it forms the substance of possession in all its varieties. Mackeld. Rom. Law, § 238. "Possession," in the sense of "detention," is the acfual exercise of such a power as the owner has a right to exercise. The term "possessio" occurs in the Roman jurists in various senses. There is possessio simply, and possessio civilis, and possessio naturalis. Possesmo denoted, originally, bare detention. But this detention, under certain conditions, becomes a legal state, inasmuch as it leads to ownership, through usuoapio. Accordingly, the word "possessio," which required no qualification so long as there was no other notion attached to possessio, requires such qualification when detention becomes a legal state. This detention, then, when it has the conditions necessary to usucapio, is calied "possessio civilis;" and all other possessio as opposed to dvilis is naturalis. Sandars, Just. Inst. 274. Wharton.
In old English law. Possession; seisin. The detention of a corporeal thing by means of a physical act and mental intent, aided by seme support of right. Bract, fol. 38b.
— Pedis possessio. A foothold; an actual possession of real property, implying either actual occupancy or enclosure and use. See Lawrence v. Fulton, 19 Cal. 690; Porter v. Kennedy, 1 McMul. (S. C.) 357.
— Possessio bona fide. Possession in good faith. Possessio mala fide, possession in bad faith. A possessor bona fide is,one who believes that no other person has a better right to the possession than himself. A possessor mala fide is one who knows that he is not entitled to the possession. Mackeld. Rom. Law, § 243.
— Possessio bonorum. In the civil law. The possession of goods. More commonly termed "bonorum possessio," (q. v.)
— Possessio civilis. In Roman law. A legal possession i. e., a possessing accompanied with the intention to be or to thereby become owner; and, as so understood, it was distinguished from "possessio naturalis," otherwise called "nuda detentio," which was a possessing without any such intention. Possessio dvilis was the basis of usucapio or of longi temporis possessio, and was usually (but not necessarily) adverse possession. Brown.
— Possessio fratris. The possession or seisin of a brother; that is, such possession of an estate by a brother as would entitle his sister of the whole blood to succeed him as heir, to the exclusion of a half-brother. Hence, derivatively, that doctrine of the older English law of descent which shut out the halfblood from the succession to estates; a doctrine which was abolished by the descent act, 3 & 4 Wm. IV. c. 106 See 1 Steph. Comm. 385; Broom, Max. 532.