constructive possession by filing bill
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 276 U.S. 36 - Harkin v. Brundage · 1928Most cited · 534 citing opinions
the court which first obtains jurisdiction and constructive possession of property by filing the bill is entitled to retain it without interference and cannot be deprived of its right to do so, because it may not have obtained prior physical possession by its receiver of the property in dispute; but where the jurisdiction is not the same or concurrent, and the subject-matter in litigation in the one is not within the cognizance of the other, or there is no constructive possession of the property in dispute by the filing of a bill, it is the date of the actual possession of the receiver that determines the priority of jurisdiction