“A distinction was made in the civil law, and adopted by Bracton, between possidere, (to possess,) and esse in possessione, (to be in possession.) …. Thus, a guardian, holding in demesne though not in fee, was said to be in possession, though he did not possess. The same language was applied to a bailiff, … a domestic, … a fermor or lessee, … and a tenant at will from day to day, and from year to year.” 2 Alexander M. Burrill, A Law Dictionary and Glossary 314 (2d ed. 1867).
possidere
possidere (pos-[schwa]-dee-ree). [Latin fr. potis “having power” + sedere “to sit”] Hist. To possess (a thing), esp. as a person with an interest protected by law (e.g., an owner or mortgagee) rather than a mere custodian.
