Possessory Action

— '^In Old English Law. A real action, in which the plaintiff, called the "demandant," sought to recover the possession of land, tenements, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious methods of trying titles by other actions, it has been laid aside. Finch, Laws, 257; 2 Bouv. Inst, note 2640. In Louisiana. An action by which, one claims to be maintained in the possession of an immovable property, or of a right upon or growing out of it, when he has been disturbed; or to be reinstated to that possession, when he has been divested or evicted. 2 La. 227, 254. In Scotch Law. An action by which the possession of heritable or movable property may be recovered and tried. An action of molestation is one of them. Paterson, Comp. § 1058, note.

In Old English Law. A real action, in which the plaintiff, called the demandant, sought to recover the possession of land, tenements, and hereditaments. On account of the great nicety retitles by other actions, it has been laid aside. Finch, Laws 257. In admiralty law the term is still in use. See Petitions. In Louisiana. An action by which one claims to be maintained in the possession of an immovable property, or' of a right upon or growing out of it, when he has been disturbed; or to be reinstated to that possession, when he has been divested or evicted. Preston v. Zabrisky, 2 La. 227.

An action which has for its immediate object to obtain or recover the actual possession of the subject-matter ; as distinguished from an action which merely seeks to vindicate the plaintiff's title or which involves the bare right only; the latter being calied a "petitory" action. An action founded on possession. Trespass for injuries to personal property is called a "possessory" action, because it lies only for a plaintiff who, at the moment of the injury complained of, was in actual or constructive, immediate, and exclusive possession. 1 Chit PI. 168, 169.

In admiralty practice. A possessory suit is one which is brought to recover the possession of a vessel, had under a claim of title. The Tilton, 5 Mason, 465, Fed. Cas. No. 14,054 ; 1 Kent, Comm. 371.

In old English law. A real action which had for its object the regaining possession of the freehold, of which the demandant or his ancestors had been unjustly deprived by the present tenant or possessor thereof.

In Scotch law. An action for the vindication and recovery of the possession of heritable or movable goods; e. g., the action of molestation. Paters. Comp. In Louisiana. An action by which one claims to be maintained in the possession of an immovable property, or of a right upon or growing out of it, when he has been disturbed, or to be reinstated to that possession, when he has been divested or evicted. Code Proc. La. § 6.

An action involving the claim to reduce the subject-matter to one's control and enjoyment; as distinguished from one involving the bare right only, called a petitory action (g. ».); a suit to obtain possession, not merely to determine title. In the common-law use of the term, it meant an action brought for the purpose of regaining possession of land whereof the demandant or his ancestors had been unjustly deprived by the tenant or possessor of the freehold, or those under whom he claimed. All that was alleged in this action was that the right of possession of the demandant was superior to that of the actual tenant; not necessarily that he had a right sumptive title, otherwise called an apparent right of possession, sufficient to protect him from expulsion by mere entry on the part of the adverse claimant. A possessory action was either a writ of entry or an assise. But these actions belonged to the class of real actions, and, having been for some time obsolete, were abolished in the year 1833 by Stat. 3 & 4 Wm. IV. ch. 27, § 36. 3 Bl. Com. 179-190; 3 Step Ti. Com. 361, 396. In the admiralty and civil-law systems and in Louisiana, the terms possessory and petitory actions are still in use.