petitory action
A legal proceeding by which the plaintiff seeks to establish and enforce his or her title to property, as distinguished from a possessory proceeding, where the plaintiff's right to possession is the issue. Such petitory actions must be based on a claim of legal title to the property, as opposed to a mere equitable interest in it.
In admiralty (See admiralty and maritime law), suits to try title to property independent of questions concerning possession.
In the civil-law jurisdiction of Louisiana, a proceeding instituted by an alleged owner who does not have possession to determine ownership against one in possession.

Dictionary from West's Encyclopedia of American Law. 2005.


petitory action
A legal proceeding by which the plaintiff seeks to establish and enforce his or her title to property, as distinguished from a possessory proceeding, where the plaintiff's right to possession is the issue. Such petitory actions must be based on a claim of legal title to the property, as opposed to a mere equitable interest in it.
 
In admiralty, suits to try title to property independent of questions concerning possession.
 
In the civil-law jurisdiction of Louisiana, a proceeding instituted by an alleged owner who does not have possession to determine ownership against one in possession.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Look at other dictionaries:

  • Petitory action — Petitory Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere… …   The Collaborative International Dictionary of English

  • petitory action — /petat(a)riy akshan/ A droitural action; that is, one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property, or his title, to the subject matter in dispute; as distinguished from a… …   Black's law dictionary

  • petitory action — noun 1. civil & admiralty law : an action in rem to establish a right or title in or ownership of specific property compare possessory action 2. Scots law : an action in which property, money, or damages are demanded from the defendant …   Useful english dictionary

  • petitory action — A proceeding at law for the recovery of real property, corresponding to the common law action of ejectment, and which can only be maintained where the plaintiff shows a legal title to the property in himself, as distinguished from an equitable… …   Ballentine's law dictionary

  • Petitory — Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere title to… …   The Collaborative International Dictionary of English

  • Petitory suit — Petitory Pet i*to*ry, a. [L. petitorius, fr. petere, petitum, to beg, ask: cf. F. p[ e]titore.] Petitioning; soliciting; supplicating. Sir W. Hamilton. [1913 Webster] {Petitory suit} or {Petitory action} (Admiralty Law), a suit in which the mere… …   The Collaborative International Dictionary of English

  • petitory — pet·i·to·ry / pe tə ˌtōr ē/ adj [Latin petitorius of a claim to ownership, from petere to go to or toward, seek, request]: made under admiralty or civil law to establish a right to ownership rather than to possession of property a petitory action …   Law dictionary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • petitory — ˈped.əˌtōrē adjective Etymology: Latin petitorius, from petitus (past participle of petere to go to or toward, seek, request) + orius ory more at feather 1. archaic : petitionary, supplicatory 2 …   Useful english dictionary

  • Possessory action — Possessory Pos*sess o*ry, a. [L. possessorius: cf. F. possessoire.] Of or pertaining to possession, either as a fact or a right; of the nature of possession; as, a possessory interest; a possessory lord. [1913 Webster] {Possessory action} or… …   The Collaborative International Dictionary of English

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