Petitory action
Defined in 3 dictionaries — Case Law, Ballentine's (1916), Black's (1910)
Definitions from Case Law
From 51 U.S. 257 - James Gilmer v. George Poindexter · 1850Most cited · 15 citing opinions
the petitory action is a proceeding at law for the recovery of property, and can be maintained in the courts of the United States only where the right of possession can be shown, and, according to the principles and distinctions settled in this court, corresponds in character with the action of ejectment at common law.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A droitural action ; that is, one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, and not the mere right of property. The term is chiefly used in admiralty. 1 Kent, Comm. 371; The Tilton, 5 Mason. 465, Fed. Cas. No. 14,054.
In Scotch law. Actions in which damages are sought