英文法律词典 P-78

POSSESSOR. He who holds, detains or enjoys a thing, either by himself or his agent, which he claims as his own.

2. In general the possessor of personal chattels¹ is presumed to be the owner; and in case of real estate he has a right to receive the profits, until a title adverse² to his possession has been established, leaving him subject to an action for the mesne profits. (q. v.)

POSSESSORY ACTION, old Eng. law. A reall action in which the plaintiff called the demandant, sought to recover the possession of lands, tenements³, and hereditaments. On account of the great nicety required in its management, and the introduction of more expeditious⁴ methods of trying titles by other actions, it has been laid aside. Finch's Laws, 257; 3 Bouv. Inst. n. 2640.

2. In Louisiana, by this term is understood 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 divested⁵ or evicted⁶. Code of Practice, art. 6; 2 L. R. 227, 454.

POSSIBILITY. An uncertain thing which may happen; Lilly's Reg. h. t.; or it is a contingent⁷ interest in real or personal estate. 1 Mad. Ch. 549.

2. Possibilities are near as when an estate is limited to one after the death of another; or remote, as that one man shall be married to a woman, and then that she shall die, and he be married to another. 1 Fonb. Eq. 212, n. e; l6 Vin. Ab. h. t., p. 460; 2 Co. 51 a.

3. Possibilities are also divided into, 1. A possibility coupled with an interest. This may, of course, be sold, assigned, transmitted or devised; such a possibility occurs in executory devises, and in contingent, springing or executory uses.

4. - 2. A bare possibility, or hope of succession; this is the case of an heir apparent, during the life of his ancestor. It is evident that he has no right which he can assign, devise, or even, release.

5. - 3. A possibility' or mere⁸ contingent interest, as a devise to Paul if he survive Peter. Dane's Ab. c. 1, a 5, 2, and the cases there cited.

POST. After. When two or more alienations or descents have taken place between an original intruder ant or defendant⁹ in a writ¹⁰ of entry, the writ is said to be in the post, because it states that the tenant¹¹ had not entry unless after the ouster of the original intruder. 3 Bl. Com. 182. See Entry, limit of.