Possessed

This word is applied to the right and enjosrtnent of a termor, or a person having a term, who is said to be possessed, and not seised. Bac. Tr. 335; Poph. 76; Dyer, 369. POSSESSIO (Lat.) In Civil Law. The detention of a thing; divided into, first, natural, or the naked detention of a thing, without intention to acquire ownership; second, civil, or the detention of a thing to which one has a right, or with intention of acquiring ownership. Heinec. Elem. Jur. Civ. § 1288; Mackeld. Civ. Law, §§ 210, 213. In Old English Law. Possession; seisin. Law Fr. & Lat. Diet.; 2 Bl. Comm. 227; Bracton, lib. 2, c. 17; Cowell, "Possession." But seisina cannot be of an estate less than freehold; possessio can. New England Sheriflf, 141; 1 Mete. (Mass.) 450; 6 Mete. (Mass.) 439. POSSESSIO BONA FIDE (Lat.) Possession in good faith. POSSESSIO BONORUiVI (Lat.)

In the civil law. The possession of goods. More commonly termed bonorum possessio.

This word is applied to the right and enjoyment of a termor, or a person having a term, who is said to be possessed, and not seised. Bac. Tr. 335; Dy. 369. It is sometimes synonymous with “Possessed” Is a variable term in the law, and has different meanings as it is used in different circumstances. It sometimes implies a temporary interest in lands; as we say a man is possessed, In contradistinction to being seised. It sometimes implies the corporal having; as we say a man is seised and possessed. But it sometimes implies no more than that one has a property in a thing; that he has it as owner; that it is his; Thompson v. Moran, 44 Mich. 603, 7 N. W. 180. POSSESS 10 (Lat.). In Civil Law. The detention of a thing: divided into — first, natural, or the naked detention of a thing, without intention to acquire ownership; second, civil, or the detention of a thing to which one has a right, or with intention of acquiring ownership. Hein. Elcm. Ju/r. Civ, § 1288; Maekeldey, Civ. Law § 210. In Old English Law. Possession; seisin. Law Fr. & Lat. Diet.; 2 Bla. Com. 227; Bracton, lib. 2, c. 17; Cowell, Possession. But seisin a cannot he of an estate less than freehold; posscssio can. Slater v. Rawson, 1 Mete. (Mass.) 450. POSSESS! 0 FRATRIS (Lat. the brother’s possession). A technical phrase applied in the English law relating to descents, to denote the possession by one in such privity with a person as to he considered the person’s own possession. By the common law, the ancestor from whom the inheritance was taken by descent must have had actual seisin of the lands, either by his own entry, or by the possession of his own or his ancestor’s lessee for years, or by being in the receipt of rent from the lessee of the freehold. But there are qualifications as to this rule, one of which arises from the doctrine of posscssio fratris. The possession of a tenant for years, guardian, or brother is equivalent to that of the party himself, and is termed posscssio fratris; Littl. sect. 8; Co. Litt. 15 a; 3 Wills. 516; 7 Term 386. In Connecticut, Delaware, Georgia, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, and Virginia, the real and personal estates of intestates are distributed among the heirs without any reference or regard to the actual seisin of the ancestor; Reeve, Desc. 377; Hillhouse v. Chester, 3 Day (Conn.) 166, 3 Am. Dec. 265; Gardner v. Collins, 2 Pet. (U. S.) 59, 7 L. Ed. 347; In Maryland, New Hampshire, North Carolina, and Vermont, the doctrine of possessio fratris, it seems, is recognized; Chirac v. Reinecker, 2 Tet. (U. S.) 625, 7 L. Ed. 538. Reeve, Desc. 377; 4 Kent 384.