An action which has for its Immediate object to obtain or recover the actual possession of the subject matter ; as distinguished from an action which merely seeks to vindicate the plaintiffs title, or which involves the bare right only; the latter being called a “petitory” action. An action founded pn possession. Trespass for injuries to personal property ia called a “possessory” action, because it lies only for a plaintiff who, at the moment of the injury complained of, was In actual or constructive, immediate, and exclusive possession. 1 Chit. PL 168, 169. In admiralty practice. A possessory suit is one which is brought to recover the possession of a vessel, had under a claim of title. The Tllton, 5 Mason, 465, Fed. Cas. No, 14,054; 1 Kent, Contm. 371. In old English law. A real action which had for its object the regaining possession of the freehold, of which the demandant or his ancestors had been unjustly deprived by the present tenant or possessor thereof. In Scotch law. An action for the vindication and recovery of the possession of heritable or movable goods; e. p., the action of molestation. Paters. Comp.
In Louisiana. An action by which one claims to be maintained In the possession of an immovable property, or of a right upon or growing out of it, when he has been disturbed, or to be reinstated to that possession, when he has been divested or evicted. Code Proc. La.