Possessor - Law Dictionary Search Results
Home Dictionary Name: possessorIn pari causa possessor potior haberi debet
In pari causa possessor potior haberi debet [Lat.], in an equal cause the possessor ought to have the stronger claim....
possessor
possessor : one that has possession ...
third possessor
third possessor in the civil law of Louisiana : one who acquires mortgaged property and is not personally bound for the obligation secured by the mortgage ...
Third possessor
Third possessor, means a person who acquires mortgaged property but is not personally bound by the obligation secured by the mortgage, Black's Law Dictionary, 7th Edn., p. 1489....
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
In aequali jure melior est conditio possidentis
In aequali jure melior est conditio possidentis [Lat.], in equal rights the condition of the possessor is the better; or, where the rights of the parties are equal, the claim of the actual possessor shall prevail.Plowd. 296.--(Where the rights are equal, the condition of the possessor is the better.) 'Hence it is a familiar rule, that in ejectment, the party controverting my title must recover by his own strength and not by my weakness'.Broom's Leg. Max. and see IN PARI DELICTO, etc....
Personal effects
Personal effects, generally include such tangible property as is worn or carried about the person, or to designate articles associated with the person. Personal effects are used to designate articles associated with person, as property having more or less intimate relation to person of possessor, or such tangible property as attends the person, Words and Phrases, Permanent Edn., Vol. 31, p. 277.In the unabridged edition of the Random House Dictionary of the English Language, at page 1075, the expression is given the following meaning: Personal effects, privately owned articles consisting chiefly of clothing, toilet items, etc., for intimate use by an individual. In Black's Law Dictionary, Fourth Edition, at page 1301, the expression is assigned the following meaning: Personal effects, articles associated with person, as property having more or less intimate relation to person of possessor. In Cyclopedic Law Dictionary, Third Edition, at page 832, the expression 'personal effects' witho...
holder
holder 1 : a person that holds: as a : owner [the of a patent] often used in combination [a stockholder] b : one that holds or occupies the property of another by agreement and esp. under a lease 2 a : a person who under the Uniform Commercial Code is in possession of a negotiable instrument that names and is made payable to the possessor or that is payable to bearer b : a person under the U.C.C. in possession of goods named in a document of title if the goods are deliverable to bearer or to the order of the possessor 3 in the civil law of Louisiana : an individual (as a trustee or debtor) or legal or commercial entity that under the Civil Code's provisions for disposition of unclaimed property is in possession of property belonging to another ...
nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
trespasser
trespasser : one who trespasses ;esp : one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent compare invitee, licensee NOTE: The general rule is that the owner or possessor of real property has the duty merely to refrain from willfully, wantonly, or recklessly injuring a trespasser whose presence is known. This rule is usually applied to licensees as well, although a licensee is usually owed a higher degree of care when an entrance fee is charged or when active operations (as of machinery) are taking place on the property. ...
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