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Possession is nine-tenths of the law" is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law ...
Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone's possession) or seizure (taking an object in someone's possession). It can also be obtained through a two-sided process of handing over the possession from one party to another.
The Catholic Encyclopedia says that there is only one apparent case of demonic possession in the Old Testament, of King Saul being tormented by an "evil spirit" (1 Samuel 16:14), but this depends on interpreting the Hebrew word "rûah" as implying a personal influence which it may not; as a result, even this example is described as "not very ...
Abandoned property generally becomes the property of whoever should find it and take possession of it first, although some states have enacted statutes under which certain kinds of abandoned property – usually cars, wrecked ships and wrecked aircraft – escheat, meaning that they become the property of the state. [11]
Res nullius is a term of Roman law meaning "things belonging to no one"; [1] [2] that is, property not yet the object of rights of any specific subject. A person can assume ownership of res nullius simply by taking possession of it (). [3]
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. [1] The owner who surrenders custody of a property is called the "bailor" and the individual who accepts the property is called a "bailee". [2]
[1] [2] [3] The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, [1] embezzlement, extortion, blackmail, or receiving stolen property. [2] In some jurisdictions, theft is considered to be synonymous with larceny, [4] [5] while in others, theft is defined more narrowly. [6]
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.