Legal Definition and Related Resources of Habere facias possessionem
Meaning of Habere facias possessionem
(Lat.) In practice. A writ of execution in the action of ejectment. The sheriff is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described. A fi. fa. or ca. sa. for costs may be included in the writ. The duty of the sheriff in the execution and return of that part of the writ is the same a6 on a common fi. fa. or ca. sa. The sheriff is to execute this writ by delivering a full and actual possession of the premises to the plaintiff. For this purpose, he may break an outer or inner door of the house, and, should he be violently opposed, he may raise the posse comitatus. Watson, Sheriffs, 60, 215; 5 Coke, 91b; 1 Leon. 145; 3 Bouv. Inst, note 3375. The name of this writ is abbreviated hab, fa. poss. See 10 Viner, Abr. 14; Tidd, Prac. (8th Eng. Ed.) 1081; 2 Archb. Prac. 58; 3 Bl. Comm. 412; Bing. Ex’ns, 115, 252; Bac. Abr.
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This definition of Habere Facias Possessionem Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Habere facias possessionem in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
That you cause to have possession.
Note: This legal definition of Habere facias possessionem in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Concept of “Habere Facias Possessionem”
Traditional meaning of habere facias possessionem in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) (That you make him have possession.) A writ of execution, for the successful plaintiff in ejectment to recover possession of the lands; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 412; Robinson’s Elementary Law Rev. ed.; § 347. Habere facias seisinam: a writ to give the plaintiff in a real or mixed action possession of the freehold; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 412. Habere facias visum: a writ to cause the sheriff to take a view of the lands in question.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Habere Facias Possessionem”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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Habere Facias Possessionem
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