Blacks Law Dict. 1st ed

POSSESSION, WRIT OF

POSSIBLE

915

itable 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 dis turbed, or to be reinstated to that possession, when he has been divested or evicted. Code Proc. La. § 6. POSSESSORY JUDGMENT. In Scotch practice. A judgment which entitles a person who has uninterruptedly been in possession for seven years to continue his possession until the question of right be de cided in due course of law. BelL POSSIBILITAS. Lat. Possibility; a possibility. Possibilitas post dissolutionem executionis nunguam reviviseatur, a possi bility will never be revived after the dissolu tion of its execution. 1 Rolle, 321. Post executionem status, lex non patitur possi bilitatem, after the execution of an estate the law does not suffer a possibility. 3 Bulst. 108. POSSIBILITY. An uncertain thing which may happen. A contingent interest in real or personal estate. It is either near, (or ordinary,) as where an estate is limited to one after the death of another, or remote, (or extraordinary,) as where it is limited to a man, provided he marries a certain woman, and that she shall die and he shall marry another. A possibility "coupled with an interest" is an expectation recognized in law as an es tate or interest, such as occurs in executory devises or shifting or springing uses. Such a possibility may be sold or assigned. A bare possibility is the expectation or hope of succeeding entertained by an heir apparent. POSSIBILITY ON A POSSIBILITY. A remote possibility, as if a remainder be limited in particular to A.'s son John, or Edward, it is bad if he have no son of that name, for it is too remote a possibility that he should not only have a son, but a son of that particular name. 2 Coke, 51. POSSIBLE. Capable of existing or hap pening; feasible. In another sense, the word denotes extreme improbability, without excluding the idea of feasibility. It is also sometimes equivalent to "practicable" or "reasonable," as in some cases where action is required to be taken "as soon as possible." See 44 Wis. 208.

property in the thing possessed. In other words, the possession is as good as the title (about.) Brown. POSSESSION, WRIT OF. Where the judgment in an action of ejectment is for the delivery of the land claimed, or its posses sion, this writ is used to put the plaintiff in possession. It is in the nature of execution. POSSESSOR. One who possesses; one who has possession. POSSESSOR BONA FIDE. He is a bona fide possessor who possesses as owner by virtue of an act sufficient in terms to transfer property, the defects of which he was ignorant of. He ceases to be a bona fide possessor from the moment these defects are made known to him, or are declared to him by a suit instituted for the recovery of the thing by the owner. Civil Code La. art. 503. POSSESSOR MALA FIDE. The pos sessor in bad faith is he who possesses as master, but who assumes this quality, when he well knows that he has no title to the thing, or that his title is vicious and de fective. Civil Code La. art. 8452. POSSESSORY. Relating to possession; founded on possession; contemplating or claiming possession. POSSESSORY ACTION. An action which has for its immediate object to obtain or recover the actual possession of the sub ject-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 called a "petitory" action. An action founded on possession. Tres pass for injuries to personal property is called a "possessory" action, because it lies only for a plaintiff who, at the moment of tbe 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 pos session of a vessel, had under a claim of title. 5 Mason, 465; 1 Kent, Comm. 371. In old English law. A real action which had for its object the regaining pos session of the freehold, of which the demand ant or his ancestors had been unjustly de prived by the present tenant or possessor thereof. In Scotch law. An action for the vindi cation and recovery of the possession of her

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