Habentia

Wealth; Riches. Mon. Ang. t 1. 100. HABERE (Lat.). To have. It is said to designate the right, while tenere (to hold) signifies the possession, and possidere (to possess) includes both. Calv. Lex. HABERE FACIAS POSSESSIONEM (Lat.). A writ of execution in the action of ejectment; originally to recover possession of a chattel interest in real estate. The sheriff is commanded by this writ is therein described. A ft. fa. or ca. aa. for costs may be included in the writ. The duty of the sheriff in the execution and return of that part of the writ is the same as on a common ft. fa. or ca. aa. The sheriff is to execute this writ by delivering a full and actual possession of the premises to the plaintiff. For this purpose, he may break an outer or inner door of the house; and, should he be violently opposed, he may raise the poaae comitatus; 6 Co. 91 b; 1 Leon. 145. The name of this writ is abbreviated hab. fac. poaa. See 10 Vlner, Abr. 14; Tidd, Pr. 1081; 2 Arch. Pr. 58; 3 Bla. Com. 412. HABERE FACIAS SEISINAM (Lat). The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. It lay to recover possession of the freehold, while to recover a chattel Interest in real estate the habere facias possessionem was the appropriate writ. It was practically abolished in England by the Common Law Procedure Acts of 1852 and 1860, but is still known in some of the states in connection with the action of dower. This writ may be taken out at any time within a year and a day after Judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionr em, and for this purpose the officer may break open the outer door of a house to deliver seisin to the demandant; 5 Co. 91b; Com. Dig. Execution, E. The name of this writ is abbreviated hab. fac. seis. HABERE FACIAS VISUM (Lat). In Practice.' The name of a writ which lay when a view is to be taken of lands and tenements. Fiteh. N. B. Index, View.

Riches. Mon, Angl. t. 1, 100.