POSSESSION

The detention and con- trol, or the manual or ideal custody, of any thing which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, P and either held personally or by another who exercises it in one's place and name. That condition of facts under which one can exer- cise his power over a corporeal thing at his pleasure to the exclusion of all other per- sons. There are two kinds of possession of real property known to the law,-actual and con- structive. It is actual when in the immedi- ate occupancy of the party. It is actual where the party goes upon the land to take possession and exercises acts of ownership over it. It is actual also where one having the title is in possession of lands by his ten- ant, agent, or steward. Constructive posses- sion is where one claims to hold by virtue of some title, without having the actual occu- pancy, as when the owner of a tract of land, regularly laid out, is in possession of a part, he is constructively in possession of the whole. 30 Iowa, 241. It is either actual, where a person enters into lands or tenements descended or conveyed to him; apparent, which is a species of presumptive title where land descended to the heir of an abator, in- truder, or disseisor, who died seised; in law, when lands, etc., have descended to a man, and he has not actually entered into them; or naked, that is, mere possession, without color of right. Whar- ton. In the law of Louisiana, (as in the civil law,) possession is divided into two kinds,— natural and civil. Natural possession is that by which a man detains a thing corporeal; as, by occupying a house, cultivating ground, or retaining a movable in his possession. Nat- ural possession is also defined to be the cor- poreal detention of a thing which we possess as belonging to us, without any title to that possession, or with a title which is void. Civil possession exists when a person ceases to reside in a house or on the land which he occupied, or to detain the movable which he possessed, but without intending to abandon the possession. It is the detention of a thing by virtue of a just title and under the convic- tion of possessing as owner. Civil Code La. art. 3391, et seq. Adverse possession is a possession incon- sistent with the right of the true owner. In other words, where a person possesses prop-

The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one’s place and name. That condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. See Staton v. Mullis, 92 N. C. 6382; Sunol v. Hepburn, 1 Cal. 263; Cox v. Devinney, 65 N. J. Law, 389, 47 Atl. 570; Churchill v. Onderdonk, 59 N. Y. 186; Rice v. Frayser (C. C.) 24 Fed. 460; Travers v. McElvain, 181 Ill. 382, 55 N. BE. 185; Emmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 289; Slater v. Rawson, 6 Metc. (Mass.) 444. —Actual possession. This term, as used in the provisions of Rev. St. N. Y. p. 312, § 1, authorizing proceedings to compel the determination of claims to real property, means a possession in fact effected by actual entry upon the premises; an actual occupation. Churchill v. ‘Onderdonk, 59 N. Y. 134. It means an actual occupation or possession in fact, as contradistinguished from that constructive one which the legal title draws after it. The word “actual” is used in the statute in opposition to virtual or constructive, and calls for an open, visible occupancy. Cleveland y. Crawford, 7 Hun (N. Y.) 616.—Adverse possession. The actual, open, and notorious possession and enjoyment of real property, or of any estate lying in grant continued for a certain length of time, held adversely and in denial and opposition to the title of another claimant, or under circumstan- ‘ces which indicate an assertion or color of right or title on the part of the person maintaining it, as against another person who is out of possession. Costello v. Edson, 44 Minn. 135, 46 N. W. 299; Taylor v. Philippi, 35 W. Va. 554, 14 S. E. 130; Pickett v. Pope, 74 Ala. 122; Martin v. Maine Cent. R. Co., 83 Me. 100, 21 Atl. 740; Dixon v. Cook, 47 Miss. 220.—Chose in ‘possession. A thing (subject of personal property) in actual possession, as distinguished from a “chose in action,” which is not presently in ‘the owner’s possession, but which he has a right to demand, receive, or recover by suit.—Oivil possession. In modern civil] law and in the aw of Louisiana, that possession which exists when a person ceases to reside in a house or on the land which he occupied, or to detain the mevable which he possessed, but without intending to abandon the possession. It is the detention of a thing by virtue of a just title and under the conviction of possessing as owner. Civ. Code La. art. 3391 et seq.—Constructive possession. Possession not actual but assumed to exist, where one claims to hold by virtue of some title, without having the actual occupancy, as, where the owner of a tract of land, regularly laid out, is in possession of a part, he {fs constructively in possession of the whole. Fleming v. Maddox, 30 lowa, 241.—Derivative possession. The kind of possession of one who is in the lawful occupation or custody of the property, but not under a claim of title of his own, but under a right derived from another, as, for example, a tenant, bailee, licensee, etc.—Dispossession. The act of ousting or removing one from the possession of property previously held by him, which may be tortious and unlawful, as in the case of a forcible amotion or in pursuance of law, as where a landlord “dispossesses” his tenant at the expiration of the term or for other cause by the aid of judicial process.-Estate in possession. An estate whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency; an estate where the tenant is in actual pernancy or receipt of the rents and profits—Naked possession. The actual occupation of real estate, but without any apparent or colorable right to hold and continue such possession; spoken of as the lowest and most imperfect degree of title. 2 Bl. Comm. 195; Birdwell v. Burleson, 31 Tex. Civ. App. 31, 72 S. W. 446.—Natural possession. That by which a man detains a thing corporeally, as, by occupying a house, cultivating ground, or retaining a movable in possession; natural possession is also defined to be the corporeal detention of a thing which We possess as belonging to us, without any title to that possession or with a title which is void. Civ. Code La. 1900, arts. 3428, 3480. And see Railroad Co. v. Le Rosen, 52 La. Ann. 192, 26 South. 854; Sunol v. Hepburn, 1 Cal. 262. —Open possession. [oxssession of real property is said to be ‘‘open” when held without concealment or attempt at secrecy, or with- ‘out being covered up in the name of a third rson, or otherwise attempted to be withdrawn ‘from sight, but in such a manner that any person interested can ascertain who is actually in possession by proper observation and inquiry. See Bass v. Pease, 79 Ill. App. 318.—Peace= able possession. See PEACEABLE.—Posses= sion money. I[n English law. The man whom the sheriff puts in possession of goods taken under a writ of fieri facias is entitled, while he continues so in possession, to a certain sum of money per diem, which is thence termed “passession money.” ‘The amount is 3s, Gd. per day if he is boarded, or 5s. per day if he is not boarded. Brown.—Possession, writ of. ‘Where the judgment in an action of ejectment is for the delivery of the land claimed, or its possession, this writ is used to put the plaintiff 1m possession. It is in the nature of execution. —Quasi possession is to a right what possession is to a thing; it is the exercise or enjoyment of the right, not necessarily the continuous exercise, but such an exercise as shows an intention to exercise it at any time when desired. vce ore nae ossession. By this term is meant a struggle for possession on the land itself, not such a contest as is waged in the courts, or possession gained by an act of trespass, such as building a fence. Spiers v. Duane, 54 Cal. 177; Lobdell v. Keene, 85 Minn. 90, 88 N. W. 426; Dyer v. Reitz, 14 Mo. App. 43.—Unity of possession. Joint possession ‘of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole. 2 BI. ‘Comm. 182.—Vacant possession. .An estate which has been abandoned, vacated, or forsaken by the tenant. In the older books, “possession” is sometimes used as the synonym of “sefsin;” but, strictly speaking, they are entirely different terms. “The difference between possession and seisin is : Lessee for years is possessed, and yet the lessor is still seised; and there- ‘fore the terms of law are that of chattels a man is possessed, whereas in feoffments, gifts in tail, and leases for life he is described as ‘seised.’” Noy, Max. 64. - “Possession” is used in some of the books in the sense of property. “A possession is an hereditament or chattel.” Finch, Law, b. 2, e. 3. Sosneusion is a cea title where no better title appears. 20 Vin. Abr. 278. Possession is nine-tenths of the law. This adage is not to be taken as true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his, but it places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist’s. Wharton.

(977) tinguished from possessio naturalis, otherwise called nuda detentio, which was a possessing tatûs either to defend the county against the king's enemies, or to keep the peace, or to pursue felons. Persons failing to obey the summons are liable to fine and imprisonment. 2 Steph. Com. 628; 4 Id. possession.-Brown. 254; Stat. 13 Hen. IV. c. 7. POSSESSED, (defined). 1 Wash. (Va.) 52. (equivalent to " "ownership" in 22 Conn. 462, 472. (in tax act). 3 Mass. 428, 429. a will). (978) being under the control of any one, it is Holl. Jur. 129.) This is called the "right not possessed; hence, if a piece of land is deserted and left without fences or other signs of occupation, it is not in the possession of any one, and the possession is said to be vacant. The question whether possession of land is vacant is of importance in actions for recovering possession, as in such cases service of the writ is effected by posting a copy of it on part of the land. Rules of Court, ix. 8. See SERVICE. of possession."* Ordinarily, possession (unless combined with other elements) does not affect the question of ownership; and, therefore, if A., being wrongfully in possession of a thing, conveys it to B., В. cannot retain it against the true owner, even though he may have believed A. to be the true owner and paid him the value of the thing. But in a few cases possession is sufficient to enable a person without title to give a perfect title to a bonâ fide acquirer. Thus, if A. steals money or a negotiable instrument from B. and transfers it for value to C., who has no notice of the theft, B. cannot claim it from C. (Miller v. Race, 1 Burr. 452; 1 Sm. Lead. Cas. 538. See EARMARK; MARKET OVERT; NEGOTIABLE.) So, under the English Factors Acts (q. v.), a person in possession of goods belonging to another may, in certain cases, sell or pledge them, so as to give a good title to the purchaser or pledgee. As to long-continued adverse possession, see infra, & 10. 2. "Possession" as opposed to "enjoyment," "reversion," &c. -Possession does not necessarily imply use or enjoyment; thus, a warehouseman has possession of the goods entrusted to him, without having the use of them. But inasmuch as the use of property cannot be had without possession, the term "possession" is frequently used as implying use and enjoyment, and in this sense is opposed to "reversion," "remainder," "expectancy," "action," &c.; thus, a tenant for life in possession is one who has the immediate benefit of the property, (e. g. by occupation, receipt of the rents or income, 24. Criminal law. In criminal law, &c.,) as opposed to a tenant in remainder, whose right to the enjoyment of the property is deferred (see ESTATE, 9 et seq.); a chose in possession is a chattel which can be immediately used, such as a book, while a chose in action is merely the right to obtain possession of a chattel, as in the case of a debt. 2 Bl. Com. 396. See CHOSE; (979) tioneer. (Williams v. Millington, 1 H. Bl. 29. Adverse ab initio, or by matter 81, cited in Woolfe v. Horne, 2 Q. B. D. subsequent.-Adverse possession is of 358.) So the right may be absolute, i. e. two kinds, according as it was adverse good against all persons; or relative, i. e. good against all with certain exceptions. Thus, a carrier or borrower of goods has a right to their possession against all the world except the owner. from the beginning, or has become so by matter subsequent. Thus, if a mere trespasser takes possession of A.'s property, and retains it against him, his possession is adverse ab initio. But if A. grants a lease 6. Derivative possession. In jurisof land to B., or B. obtains possession of prudence, the possession of a lessee, bailee, the land as A.'s bailiff, or guardian, or licensee, &c., is called "derivative posses-trustee, his possession can only become sion," while in law the possessory interest adverse by some change in his position. of such a person, considered with referIn the case of a lessee, his possession ence to his rights against third persons becomes adverse (1) if he discontinues who interfere with his possession, is usupayment of rent. (Stat. 3 and 4 Will. IV. ally called a "special" or "qualified propс. 27, 23.) This section abolished the conerty," meaning a limited right of ownertrary rule which formerly prevailed, and it ship. Holl. Jur. 127 et seq. See PROPERTY. is hence sometimes said that the statute 7. Wrongful possession.-Possesabolished the old rule of non-adverse sion without right is called "wrongful" or "adverse," according as the rights of the owner or those of the possessor are considered. Wrongful or naked possession is where a person takes possession of property to which he is not entitled, so that the possession and the right of possession are in one person, and the right to possession in another. Where an owner is wrongfully dispossessed he has a right of action to recover it, or, if he has an opportunity, he can exercise the remedy of recaption in the case of goods, or of entry in the case of land. (See ENTRY, 23; RECAPTION.) Formerly, the doctrine of wrongful posses sion was of more importance than now, owing to the peculiar rules applicable to disseisin, intrusion, feoffments, &c. See the subject discussed in Taylor v. Horde, 1 Burr. 60; 2 Sm. Lead. Cas. 681. 8. Adverse possession.-Adverse possession is a possession inconsistent with the right of the true owner; in other words, where a person possesses property in a manner in which he is not entitled to possess it, and without anything to show that he possesses it otherwise than as owner, i. e. with the intention of excluding all persons from it, including the rightful owner, he is in adverse possession of it. Thus, if A. is in possession of a field of B.'s, he is in adverse possession of it, unless there is something to show that his possession is consistent with a recognition of B.'s title. Ward v. Carttar, L. R. 1 Eq. 29. possession. Or (2) if he pays rent to a person claiming the land adversely to the rightful owner, and does not afterwards pay any rent to the rightful owner; in the latter case the rule only applies, in England, if the rent amounts to 20s. or upwards. (Id. 29.) In the case of persons other than lessees, the rule seems to be that possession is never considered adverse if it can be referred to a lawful title, and that where a person obtains possession by a permissive or fiduciary title, or by his own agreement, or by judgment of law (e. g. under an elegit), he and all claiming under him are presumed to hold possession according to that right. Thomas 2. Thomas, 2 K. & J. 83; Pelly v. Bascomb, 4 Giff. 394; Saunders v. Annealey, 2 Sch. & L. 73; Nepean v. Doe, 2 Sm. Lead. Cas. 584, and the cases referred to in Shelf. R. P. Stat. 148. 10. Effects of adverse possession. -Adverse possession not only entitles the adverse possessor, like every other possessor, to be protected in his possession against all who cannot show a better title, (supra, & 3,) but also, if the adverse possessor remains in possession for a certain period of time, produces the effect either of barring the right of the true owner, (the Land Transfer Act, 1875, provides (221) that as against a registered proprietor under the act there is said to be no acquisition of title by adverse possession,) and thus converting the possessor into the owner, or of depriving the true owner of (980) his right of action to recover his property,* (see LIMITATION, 26; PRESCRIPTION;) and this although the true owner is ignorant of the adverse possessor being in occupation. Rains v. Buxton, 14 Ch. D. 537. With reference to the mode of its exercise, possession is of several kinds. ? 11. Actual, or in fact.-A person has actual possession (de facto possession, possession in fact,) of a thing when he exercises physical control over it. Thus, a person who holds a thing in his hand has actual possession of it, and the lessee of a house is in actual possession of it while he occupies it. For instances of actual possession, see Lows v. Telford, 1 App. Cas. 414; Coverdale v. Charlton, 4 Q. B. D. 118. As to what is "actual possession" within the meaning of the Reform Act, see Wms. Sett. 14; Hadfield's Case, L. R. 8 C. P. 306. 12. Constructive, or in law. -A person has constructive possession (or possession in law) (1) when some one representing him has actual possession of the thing. Thus, if A., the owner of the land, leases it to B., A. has constructive possession by B., and if A. dies intestate, leaving C. his heir, C. is immediately in constructive possession of the land by B., although he has never had actual possession; (2) a person may have constructive possession of one thing because he has actual possession of another; thus, if a person is in legal possession of a house, thing at the same time. In re Fells, 4 Ch. D. 509. 214. Apparent and formal possession. Under the Bills of Sale Act, (Stat. 41 and 42 Vict. c. 31; Robs. Bankr. 459,) the validity of an unregistered bill of sale frequently depends upon whether the owner of the goods remains in "apparent possession" of them, having merely given "formal possession" to the creditor. Thus, where the holder of an unregistered bill of sale of furniture put a man into the house, but did not interfere with the furniture in such a manner as to show that it had been taken out of the debtor's control, it was held that the possession so taken was merely formal, and that the goods remained in the apparent possession of the debtor. (Ex parte Lewis, L. R. 6 Ch. 626. See 22 4 and 8 of the act.) As to possession excluding the doctrine of reputed ownership, see Ex parte National Ass. Co., 10 Ch. D. 408. See BILL OF SALE, 2 4, n. As to possession in the law of bankruptcy, see ORDER AND DISPOSITION; RE- (981) man be disseised of an acre of land, the disseisee hath jus proprietatis, the disseisor hath jus possessionis (but see 2 Bl. Com. 195); and if the disseisee release to the disseisor, hee hath jus proprietatis et possessionis." Co. Litt. 266 a. See SEISIN; DROIT; TENANCY IN COMMON, (what words create in a will). 15 Wend. (N. Y.) 615; 5 Binn. (Pa.) 16, 18; 2 Watts (Pa.) 185; 8 Com. Dig. 447. TENANCY, JOINT. - See JOINT TEN-

The act or state of possessing, or holding as one's own. The having, holding, or detention of property in one's power or command; actual seizin or occupancy; ownership, whether rightful or wrongful. The thing possessed; that which any one occupies, owns, or controls; in the plural, property in the aggregate; wealth; dominion; as, foreign possessions. When the young man heard that saying, he went away sorrowful, for he had great possessions. Matt. xix. 22. Ananias, with Sapphira his wife, sold a possession. Acts v. 1. The house of Jacob shall possess their possessions. Ob. 17. The state of being possessed or controlled, as by an evil spirit, or violent passions; madness; frenzy; as, demoniacal possession. How long hath this possession held the man Shak. To give possession, to put in another's power or occupancy. -- To put in possession. (a) To invest with ownership or occupancy; to provide or furnish with; as, to put one in possession of facts or information. (b) (Law) To place one in charge of property recovered in ejectment or writ of entry. -- To take possession, to enter upon, or to bring within one's power or occupancy. -- Writ of possession (Law), a precept directing a sheriff to put a person in peaceable possession of property recovered in ejectment or writ of entry.

To invest with property. [Obs.]

To invest with property.

A control or occupancy of something for which one does not necessarily have private property rights. | Something that is owned. | An ownership; a taking, a holding, keeping something as one's own. | A territory under the rule of another country. | The condition or affliction of being possessed by a demon or other supernatural entity. | The condition of being under the control of strong emotion or madness. | A control of the ball; the opportunity to be on the offensive. | A disposal of the ball during a game, i.e. a kick or a handball. | A syntactic relationship between two nouns or nominals that may be used to indicate ownership.