Constructive possession
Defined in 2 dictionaries — Case Law, Black's (1910)
Definitions from Case Law
From 294 U.S. 189 - Penn General Casualty Co v. Commonwealth of Pennsylvania Schnader · 1935Most cited · 931 citing opinions
when the two suits have substantially the same purpose and the jurisdiction of the courts is concurrent, that one whose jurisdiction and process are first invoked by the filing of the bill is treated as in constructive possession of the property and as authorized to proceed with the cause. Jurisdiction thus attaches upon the filing of the bill of complaint in court, at least where process subsequently issues in due course.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Possession not actual but assumed to exist, where one claims to hold by virtue of some title, without having the actual occu-pahey, as, where the owner of a tract of land, regularly laid out, is in possession of a part, he is constructively in possession of the whole. Fleming v. Maddox, 30 Iowa, 241.
Defined under Possession in Black's Law Dictionary.