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单词 possessory
释义

possessoryadj.

Brit. /pəˈzɛs(ə)ri/, U.S. /pəˈzɛsəri/
Forms: late Middle English–1600s possessorie, 1500s– possessory; Scottish pre-1700 possesserie, pre-1700 possessorie, pre-1700 possessorye, pre-1700 possessoury, pre-1700 1700s– possessory.
Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French possessorie; Latin possessōrius.
Etymology: < Anglo-Norman possessorie relating to possession (late 13th cent. in a legal text; variant of Middle French, French possessoire (1380; also mid 15th cent. in Middle French as possessore )) and its etymon classical Latin possessōrius relating to possession (1st or 2nd cent. a.d. in legal texts) < possess- , past participial stem of possidēre possess v. + -ōrius -ory suffix1. Compare Old Occitan possessori (Occitan possessòri), Catalan possessori (1696), Spanish posesorio (c1450), Portuguese possessório (15th cent.), Italian possessorio (a1396).With possessory action (see sense 1a) compare classical Latin actiō possessōria ; with possessory interdict (see sense 1a) compare classical Latin interdictum possessōrium ; with possessory judgment (see sense 1a) compare post-classical Latin judicium possessorium (13th cent. in a Scottish source). In sense 3b, used to render ancient Greek κτήσιος in Ζεὺς κτήσιος Jove the protector of property.
1. Chiefly Law.
a. Relating to a possessor; relating to possession. possessory action n. an action in which the plaintiff's claim is founded upon his or her (or his or her predecessor's) possession, and not upon his or her right or title. possessory interdict n. Roman Law a kind of interdict for the acquisition, retention, or recovery of possession. possessory judgment n. Scots Law a judgment which entitles a person to remain in possession or to recover possession.
ΘΚΠ
society > law > legal possession > [adjective]
possessory1425
adverse1776
1425 Rolls of Parl. IV. 272/2 Ye matire possessorie, and ye petition.
1439 Soc. Antiq. Charter No. 5 Fra al titil off richt bathe petitory and possessory of al the saide landis I and myne airis salbe excludit.
1540 Act 32 Hen. VIII c. 2 §2 Assice of mort auncestor..or any other action possessory.
1583 Sir T. Smith's De Republica Anglorum ii. ix. 51 Pleas..reall be either possessorie to aske, or to keepe the possession, or in rem, which we cal a writte of right.
1622 in A. Gibson Decisions Lords of Council (1690) 20 He ought to have been preferred in that possessory judgement, by reason foresaid of his publick infeftment.
1722 W. Forbes Institutes I. ii. 81 Seven Years Possession of a Benefice, without a Title, gives a possessory Judgment.
1766 W. Blackstone Comm. Laws Eng. II. xiii. 197 If he omits to bring this his possessory action within a competent time, his adversary may imperceptibly gain an actual right of possession, in consequence of the other's negligence.
1838 W. Bell Dict. Law Scotl. (at cited word) A possessory judgment is one which entitles a person, who has been in uninterrupted possession for seven years, to continue his possession until the question of right shall be decided in due course of law.
1857 Ld. Campbell Lives Chief Justices III. xliv. 47 In the possessory action of ejectment the legal estate shall always prevail.
1894 J. M. Lightwood Possession of Land i. 5 The old possessory actions which were for the recovery of possession, were founded upon seisin.
1910 Encycl. Brit. I. 384/1 It seems probable that from an early date the praetor's possessory interdict was used to protect all occupiers.
1927 W. M. Gloag & R. C. Henderson Introd. Law Scotl. 416 Standing a possessory judgment in his favour, the holder has the rights of a bona fide possessor.
1990 J. H. Baker Introd. Eng. Legal Hist. (ed. 3) xvii. 341 The leaseholder..could recover possession by a form of action free from the technicalities of the writs of entry and the possessory assizes.
b. Arising from possession.
ΘΚΠ
society > law > legal possession > [adjective] > arising from possession
possessory1615
1615 T. Jackson Iustifying Faith iv. i. i. §1 Our personal election, predestination, salvation, or possessory right in state of grace.
1659 T. Burton Diary (1828) III. 581 His possessory right, which was sufficient title for him to call a parliament, and for us to submit to it.
1708 Rastell's Termes de la Ley (new ed.) at Property There are three manner of rights of Property; that is, Property absolute, Property qualified, and Property possessory.
1766 W. Blackstone Comm. Laws Eng. II. xxx. 453 The bailees..may..vindicate, in their own right, this their possessory interest.
1881 Times 14 Apr. 10/1 Throughout most parts of Ireland there has grown a tacit admission..that the tenant has a possessory interest in his holding.
1973 Black Panther 31 Mar. 13/2 The only tax they pay is something called a ‘possessory interest tax’, which at a 14% tax assessment rate is almost ½ the normal 25% assessment rate.
1987 Times 13 Aug. 24/5 The plaintiffs..claimed possession against the defendant who sought to set up a possessory title by adverse possession by himself.
2. Characterized by possession; of the nature of a possession; that is possessed. Obsolete.
ΘΚΠ
the mind > possession > possessions > [adjective]
possessory1586
1586 T. Bowes tr. P. de la Primaudaye French Acad. I. 492 A house..may be diuided..into these foure parts: into Matrimoniall, Parentall, Lordly or Maisterlie, and Possessorie part.
1610 J. Guillim Display of Heraldrie vi. iii. 261 It were an absurd thing..that the possessorie things of the vanquished should be more priuiledged then their owners.
a1631 J. Donne Serm. (1958) IX. 180 Mammon..presents..the present and possessory things of this world, God but the future, and speratory things of the next.
3.
a. Of, belonging to, or characterizing a possessor; jealously possessive.
ΘΚΠ
the mind > possession > possessor > [adjective] > of or relating to possessor
possessorial1598
possessory1600
1600 W. Vaughan Golden-groue ii. 18. sig. O8 I come to..the acquisitiue or possessorie facultie, wherof I find two kindes.
1660 T. Stanley Hist. Philos. III. v. 240 Domestick Prudence being either conjugall and paternall, or dominative and possessory.
c1660 in C. H. Firth Clarke Papers (1901) IV. 303 The commaund I had that tyme of the army and strength of the kingdome was but a possessory and noe legall power.
1848 Blackwood's Edinb. Mag. 64 6 Man's possessory instinct essentially connects itself with the future.
1879 J. Begg Sc. Public Affairs 6 The possessory spirit is strong enough in man.
1924 J. Buchan Three Hostages 103 This new possessory attitude had suddenly made me hate Medina.
2000 R. B. Parker Perish Twice (2001) 182 It's too possessory... I don't say forever, but right now... There's still not enough of me to be exclusively yours.
b. Protective of property. Obsolete.Apparently an isolated use.
ΚΠ
1850 J. S. Blackie tr. Æschylus Lyrical Dramas II. 109 A plundered house By grace of possessory Jove may freight New ships with bales that far outweigh the loss.
4. That is a possessor; holding something in possession. Obsolete.
ΘΚΠ
the mind > possession > possessor > [adjective]
possessory1640
1640 J. Howell Δενδρολογια 76 This he detaines from the Ivie, much against his will, for he should be the true possessorie Lord thereof.
a1643 J. Burroughs Sovereignty Brit. Seas (1651) 18 When the Romans had made themselves possessorie Lords of the Island.
1874 J. L. Motley Life John of Barneveld I. i. 66 The possessory princes.
1886 J. A. Kasson in N. Amer. Rev. Feb. 125 Their commercial rights are to be the same as those of the possessory government.
This entry has been updated (OED Third Edition, December 2006; most recently modified version published online March 2022).
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adj.1425
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