Search Results for: HABERE

habere facias possessionem

habere facias possessionem (h[schwa]-beer-ee fay-shee-[schwa]s p[schwa]-zes[h]-ee-oh-n[schwa]m), n. [Law Latin “that you cause to have possession”] Hist. A writ giving a successful ejectment-action plaintiff the possession of the recovered land. • If the sheriff delivered more than the person was entitled to, a writ of rehabere facias seisinam could compel the sheriff to return the excess. […]

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habere

habere (h[schwa]-beer-ee), vb. [Latin “to have”] Roman law. To have (the right to) something. • This term was sometimes distinguished from tenere (to hold) and possidere (to possess), with habere referring to the right, tenere to the fact, and possidere to both. “ ‘Habere’ has two meanings; for we say that the owner of a

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habere facias seisinam

habere facias seisinam (h[schwa]-beer-ee fay-shee-[schwa]s see-zi-n[ schwa]m), n. [Law Latin “that you cause to have seisin”] Hist. A writ of execution commanding the sheriff to give the applicant seisin of the recovered land. • This writ was the proper process for giving seisin of a freehold, as distinguished from giving only a chattel interest in

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