petitory action

petitory action
A legal proceeding by which the plaintiff seeks to establish and enforce his or her title to property, as distinguished from a possessory proceeding, where the plaintiff's right to possession is the issue. Such petitory actions must be based on a claim of legal title to the property, as opposed to a mere equitable interest in it.
In admiralty (See admiralty and maritime law), suits to try title to property independent of questions concerning possession.
In the civil-law jurisdiction of Louisiana, a proceeding instituted by an alleged owner who does not have possession to determine ownership against one in possession.

Dictionary from West's Encyclopedia of American Law. 2005.


petitory action
A legal proceeding by which the plaintiff seeks to establish and enforce his or her title to property, as distinguished from a possessory proceeding, where the plaintiff's right to possession is the issue. Such petitory actions must be based on a claim of legal title to the property, as opposed to a mere equitable interest in it.
 
In admiralty, suits to try title to property independent of questions concerning possession.
 
In the civil-law jurisdiction of Louisiana, a proceeding instituted by an alleged owner who does not have possession to determine ownership against one in possession.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • Petitory action — Petitory Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere… …   The Collaborative International Dictionary of English

  • petitory action — /petat(a)riy akshan/ A droitural action; that is, one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property, or his title, to the subject matter in dispute; as distinguished from a… …   Black's law dictionary

  • petitory action — noun 1. civil & admiralty law : an action in rem to establish a right or title in or ownership of specific property compare possessory action 2. Scots law : an action in which property, money, or damages are demanded from the defendant …   Useful english dictionary

  • petitory action — A proceeding at law for the recovery of real property, corresponding to the common law action of ejectment, and which can only be maintained where the plaintiff shows a legal title to the property in himself, as distinguished from an equitable… …   Ballentine's law dictionary

  • Petitory — Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere title to… …   The Collaborative International Dictionary of English

  • Petitory suit — Petitory Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere… …   The Collaborative International Dictionary of English

  • petitory — pet·i·to·ry / pe tə ˌtōr ē/ adj [Latin petitorius of a claim to ownership, from petere to go to or toward, seek, request]: made under admiralty or civil law to establish a right to ownership rather than to possession of property a petitory action …   Law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • petitory — ˈped.əˌtōrē adjective Etymology: Latin petitorius, from petitus (past participle of petere to go to or toward, seek, request) + orius ory more at feather 1. archaic : petitionary, supplicatory 2 …   Useful english dictionary

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