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Quasi possession

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

to a right what possession is to a thing; it is the exercise or enjoyment of the right, not necessarily the continuous exercise, but such an exercise as shows an intention to exercise it at any time when desired. Sweet.

Scrambling possession. By this term is meant a struggle for possession on the land itself, not such a contest as is waged in the courts, or possession gained by an act of trespass, such as building a fence. Spiers v. Duane, 54 CaL 177; Lobdell v. Keene, 85 Minn. 90, 88 N. W. 426; Dyer v. Reitz, 14 Mo. App. 45.

Unity of possession. Joint possession of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole. 2 Bl. Comm. 182.

Vacant possession. An estate which has been abandoned, vacated, or forsaken by the tenant. In the older books, "possession" ls sometimes used as the synonym of "seisin;" but, strictly speaking, they are entirely different terms. "The difference betwcen possession and seisin is : Lessee for years is possessed, and yet the lessor is stlil seised; and therefore the terms of law are that of chattels a man is possessed, whereas in fcoffments, gifts in tail, and leases for Ilfe he is described as 'seised.'" Noy, Max. 64. "Possession" is used in some of the books in the sense of property. "A possession is an hereditament or chattel." Finch, Law, b. 2, C. 3. Possession is a good title where no better title appears. 20 Vin. Abr. 278. Possession is nine-tenths of the law. This adage is not to be token as true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times batter than his, but it places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist's. Wharton.

Defined under Possession in Black's Law Dictionary.