In legal usage, a possessory action may refer to: :An action brought to recover possession of property. :An action to recover possession of real estate, such as ejectment or forcible entry and detainer. :An action to recover possession of personal property, such as replevin. :In Louisiana, an action to recover, maintain, or get into the possession of immovable property or of a right upon or growing out of it.
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A variety of strategic plays can be attempted during kickoffs, punts, and field goals—to surprise the opposition and score points, gain yardage or first downs, or recover possession of the kicked ball.
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Gillette-Brown Ranch, California, National Park Service José Maria Dominguez transferred title to his son, Jose Apolonio Dominguez (1816–), who left it his daughter Dominga Dominguez. Dominga Dominguez sued homesteader Brigido Botiller and others, to recover possession of Rancho Las Virgenes. In Botiller v. Dominguez, the US Supreme Court agreed that the grant was "perfect" (i.e.
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Philip (; died 306 BC), son of Antigonus, king of Asia, was sent by his father in 310 BC, at the head of an army, to oppose the revolt of his general Phoenix, and to recover possession of the towns on the Hellespont held by the latter. He died in 306 BC, just as Antigonus was setting out for his expedition against Egypt.
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This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant."Answers.com However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. Nonetheless, in some states, all terms are used synonymously.
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Waterman and Seneca Nation of Indians v. Christy, Judge Cullen noted that "no provision had been made by law for bringing ejectment to recover possession of [Indians]" and "as a body or tribe, the Indians have no corporate name by which they can institute such a suit." Judge Cullen suggested that the tribe either petition the legislature for enabling legislation to allow them to sue as a tribe, or have individual members bring the suit.
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Where a license is made with a set term period and valid consideration is transferred, revocation of the license prior to the terms expiration may raise breach of contract claims that could provide damages against the licensor. Furthermore, once the licensor terminates or revokes the license, notice is statutorily required prior to the commencement of any special proceeding to recover possession of the property (e.g., in NY that requirement is 10 days).
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D.N.Y. 1999). That same year, the court rejected ejectment as a remedy, thus ensuring that the Cayuga would be unable to recover possession of the lands; their remedy would be limited to monetary damages.Cayuga Indian Nation of N.Y. v. Cuomo, 1999 WL 509442 (N.D.N.Y. 1999). The court also determined that joint and several liability would be inappropriate, and thus that the defendants would require separate trials.Cayuga Indian Nation of N.Y. v. Pataki, 79 F. Supp. 2d 66 (N.D.N.Y. 1999).
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In 1660 his daughter Suzanna married her cousin, Philips Doublet, son of Huygens' sister Geertruijd. In 1661, a grandfather by now, Huygens was sent to France by the circle of tutors of William III, to recover possession of the county of Orange. The county was returned to the family of Orange-Nassau in 1665 and Huygens returned to the Netherlands. Drawing of the Zee-straetOn his return, Huygens designed the new sand road in The Hague, running through the dunes to Scheveningen.
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Amyntas thus concluded a treaty with the Spartans, who assisted him in a war against Olynthus. First it Spartan-Macedonian forces suffered two defeats but in 379 they managed to destroy Olynthus. He also entered into a league with Jason of Pherae, and assiduously cultivated the friendship of Athens. In 371 BC at a Panhellenic congress of the Lacedaemonian allies, he voted in support of the Athenians' claim and joined other Greeks in voting to help Athens to recover possession of Amphipolis.
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Following his release, General Diya has refused to co-operate with any investigations by Oputa Panel into his activities while he was vice president. He has spent most of his time attempting to recover possession of various properties seized by the government on his arrest. He has made no attempt to explain how he purchased these lavish properties on the salary of a lieutenant general. On the 18th of May 2020, General Diya lost his second wife Folashade Diya a few days to her 65th birthday.
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After a long dispute, he managed to recover possession of Leegomery, near Wellington, Shropshire from his sister Elizabeth and her husband, William Sheldon. George Talbot 6th Earl of Shrewsbury, a major landowner who made important concessions to Leveson Leveson, like all his family, was a vigorous encloser. He did all he could to establish effective control of marginal or disputed lands around his estates. This was especially so in the Weald Moors, a large, extra-parochial area, stretching west of Lilleshall, where tenants in all the surrounding manors had common grazing rights.
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A sample of the "Vehicle Seizure" form that the NYPD is required to give vehicle owners upon seizing a vehicle. The text notifies recipients of their right to a prompt Krimstock hearing.A Krimstock hearing is an administrative law proceeding that offers vehicle owners the opportunity to recover possession of a vehicle confiscated by the New York City Police Department (NYPD) during an arrest.3rd Amended Krimstock Order, October 1, 2007 The NYPD has the authority to impound vehicles that it claims were used as an instrument of a crime, and later to seek permanent ownership of these vehicles in civil forfeiture actions.
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He had a livery stable, which became insolvent. As a result, Isaac Stevens attempted to recover possession of horses, mules, hay, barley, and saddles, which the town sheriff levied upon.Appeal from the Seventeenth District Reports of Cases Determined in The Supreme Court of the State Of California, 1887 On April 22, 1859, the Sacramento Daily Union reported: On September 29, 1859 there was a major fire in the town of Monte Cristo. The Sierra Democrat gave a description of the fire: On February 28, 1860, the Sacramento Daily Union reported delegates from Monte Cristo for the Democratic State Convention.
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Prithvi Raj Chauhan, the ruler of this region, managed to recover possession of the fort thirteen months later in 1191 after the First Battle of Tarain. In 1634, a battle named Battle of Lahira (at Lahira in Bathinda) was fought between Guru Hargobind and Mughals. In circa 1754, the town was conquered by Maharaja Ala Singh, the Maharaja of Patiala and since then it followed the history of erstwhile princely state of Patiala. With the dawn of independence and merger of Patiala and East Punjab States into a division called PEPSU, Bathinda become a full-fledged district with headquarters at Bathinda city.
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Appam On January 15, 1916, the British steamship was captured off the Canary Islands by the German auxiliary cruiser . A 22-man prize crew, and 138 passengers taken from other captured ships, were put aboard and she was taken to Hampton Roads, Virginia, arriving on February 1. Appams British owner, the British and African Steam Navigation Co, filed suit to recover possession of her from her captors. Federal Judge Edmund Waddill of Virginia, in a 15,000-word opinion, directed, July 29, 1916, that the vessel, with the cargo remaining aboard her and the proceeds of the perishable cargo already sold, should be restored at once to her British owners.
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It was resolved that Kuchum Khan and Siunjek Sultan should in concert with Jani Beg Sultan recover possession of Fergana that Ubaydullah Khan should remain at Karshi while Timur Sultan and other chiefs should assist Hamza Sultan and Mahdi Sultan in driving Babur out of Hissar. Nor were they slow in carrying the concerted measures into effect. When Babur reached Pul Sangin on the Surkhab he found that Hamza Sultan from Hissar had occupied it. He discovered also that the Uzbek army was far more numerous than he had supposed and commanded by chiefs of the first distinction and that to meet them in the field would be extremely dangerous.
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Nevertheless, Philip named the federation of Greek states he created with Macedon at its headnowadays referred to as the League of Corinthas simply "The Hellenes" (i.e. Greeks), and the Macedonians were granted two seats in the exclusively Greek Great Amphictyonic League in 346 BC when the Phocians were expelled. Badian sees it as a personal honour awarded to Phillip and not to the Macedonian people as a whole.. Aeschines said that Phillip's father Amyntas III joined other Greeks in the Panhellenic congress of the Lacedaemonian allies, also known as the "Congress of Sparta", in a vote to help Athens recover possession of Amphipolis.Aeschines. On the Embassy, 2.32.
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However, SERNANP responded that the Ausangate Regional Conservation Area had never been officially created, since the proposal had not met the necessary requirements. Therefore, on March 16, 2018, with Presidential Resolution No. 042-2018-INGEMMET / PCD / PM INGEMMET, the title of metallic mining concession was granted. On May 21, 2018, following public protests, the company informed the Regional Government of Cusco of its renunciation of the concession; however, the Regional Government indicated that it was the Ministry of Energy and Mines that must assume the administrative actions to recover possession of these lands. The National Chamber of Tourism (CANATUR) expressed its deep concern over the management of Vinicunca, one of the most important components of Peru's new appeal to tourism.
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The emphyteusis gave the lease-holder (emphyteuta) rights similar to those of a proprietor, although the real owner remained the person to whom the rent (canon or pensio) was paid. The tenant gained most of the rights of the owner. Accordingly, he could maintain actio vectigalis in rem against any one to recover possession of the land thus leased. Under certain circumstances, the land returned to the owner, as in the case of the death of the emphyteuta intestate, non-payment of the rent or taxes for three years (or two years in case of land held of the Church), lapse of time if a term was fixed in the original agreement, contractus emphyteuseos, which was a specific contract and neither an ordinary lease nor a sale.
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Prentice v. Stearns, 113 U.S. 435 (1885), was an action to recover possession of real estate and damages for its detention, the plaintiff in error being plaintiff below, and a citizen of Ohio, the defendant being a citizen of Minnesota, specifically recovery of real estate deeded from an Indian chief to A, in 1858, of a tract described by metes and bounds and further as: did not convey the equitable interest of the chief in another tract described by different metes and bounds, granted to the said chief by a subsequent patent in 1858 in conformity with the said treaty in such manner that an action at law may be maintained by A or his grantee for recovering possession of the same.Prentice v. Stearns, 113 U.S. 435 (1885) Justia.
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He had not, however, long sat on the bench before he abused his position for his own advantage in the grossest possible manner. He concluded a corrupt bargain, known to lawyers as champerty, with Lady Anne Powis, who was suing in his court to recover possession of land to which she claimed to be entitled from Charles Brandon, Duke of Suffolk, by which Lady Anne Powis agreed to sell the benefit of her suit, if she should be successful, to the judge for a sum of money. The selling of titles by persons not having possession of the lands was, even as between private individuals, a corrupt practice by English law, and a statute of Henry VIII renders either party to the contract liable to forfeit the full value of the lands. Beaumont, however, did not stop short at champerty.
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Over time, legislatures have created statutes of limitations that specify the length of time that owners have to recover possession of their property from adverse possessors. In the United States, for example, these time limits vary widely between individual states, ranging from as low as three years to as long as 40 years. Although the elements of an adverse possession action are different in every jurisdiction, a person claiming adverse possession is usually required to prove non-permissive use of the property that is actual, open and notorious, exclusive, adverse and continuous for the statutory period. Personal property, traditionally known as 'chattel', may also be adversely possessed, but owing to the differences in the nature of real and chattel property, the rules governing such claims are rather more stringent, and favour the legal owner rather than the adverse possessor.
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Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property usually land (real property) acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented from exercising their right to exclude, but an entirely new title to the property "springs up" in the adverse possessor. In effect, the adverse possessor becomes the property's new owner.
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Botiller v. Dominguez, 130 U.S. 238 (1889), was a decision by the United States Supreme Court dealing with the validity of Spanish or Mexican land grants in the Mexican Cession, the region of the present day southwestern United States that was ceded to the U.S. by Mexico in 1848 under the Treaty of Guadalupe Hidalgo. The action was in the nature of ejectment, brought in the Superior Court of the Los Angeles County by Dominga Dominguez against Brigido Botiller and others, to recover possession of a tract of land situated in said county, known as 'Rancho Las Virgenes'. The title of the plaintiff was a grant claimed to have been made by the government of Mexico to Nemecio Dominguez and Domingo Carrillo, on October 1, 1834, but no claim under this grant had ever been presented for confirmation to the board of land commissioners, appointed under the California Land Act of 1851 (9 St. 631,) 'to ascertain and settle the private land claims in the state of California,' and no patent had ever issued from the United States to any one for the land, or for any part of it.
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Initially, the courts held that an action for trover would lie for blacks, as if they were chattels, but this was reasoned on the grounds that they were infidels rather than slaves, and lacked the rights enjoyed by ChristiansSee Butts v Penny (1677) 2 Lev 201, 3 Keb 785 - an action was brought to recover possession of 100 slaves. The court held that slavery was legal in England in relation to infidels and that an action for trover would lie; see also Gelly v Cleve (1694) 1 Ld Raym 147 (reasoning which would later find echoes in the U.S. case of Dred Scott v. Sandford 60 U.S. (19 How.) 393 (1857)) but Judge Holt was to later reject this analysis,Chamberlain v Harvey (1697) 1 Ld Raym 146; Smith v Gould (1705-07) 2 Salk 666 and also denied the possibility of bringing an assumpsit on the sale of a black person in England: "as soon as a negro comes to England he is free; one may be a villein in England, but not a slave."Smith v Brown (1702) 2 Salk 666 However, this comment was construed as more of an admonition against careless pleading rather than a reproach to slave dealers.
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New York: Robert Appleton Company, 1911. 21 December 2019] When Pope Pius IX went into exile at Gaeta in the Kingdom of the Two Sicilies (1849), he had as his companion Father Giovanni Merlini, third superior general of the Fathers of the Most Precious Blood. After they had arrived at Gaeta, Don Merlini suggested that the pope make a vow to extend the feast of the Precious Blood to the entire Church, if he would again recover possession of the Papal States. The Pope took the matter under consideration, but a few days later, on 30 June 1849, the day the French army conquered Rome and the insurgents of the Roman Republic capitulated, he sent his domestic prelate Joseph Stella to Father Merlini with the message: "The pope does not deem it expedient to bind himself by a vow; instead His Holiness is pleased to extend the feast immediately to all Christendom." On 10 August of the same year, he officially included the feast of the Most Precious Blood of Our Lord Jesus Christ in the General Roman Calendar for celebration on the first Sunday in July, the first Sunday after 30 June, the anniversary of the liberation of the city of Rome from the insurgents.
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