petitory
a . 提出所有权要求的
提出所有权要求的
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 property is litigated and sought to be enforced ,
as distinguished from a {
possessory suit };
also (
Scots Law ),
a suit wherein the plaintiff claims something as due him by the defendant . --
Burrill .
[
1913 Webster ]
PETITORY .
That which demands or petitions that which has ,
the ,
quality of a prayer or petition ;
a right to demand .
2 .
A petitory suit or action is understood to be one in which the mere title to property is to be enforced by means of a demand or petition ,
as distinguished from a possessory suit .
1 Kent ,
Com .
371 .
3 .
In the Scotch law ,
petitory actions are so called ,
not because something is sought to be awarded by the judge ,
for in that sense all actions must be petitory ,
but because some demand is made upon the defender ,
in consequence either of the right of property or credit in the pursuer .
Thus ,
actions for restitution of movables ,
actions of pounding ,
of forthcoming ,
and indeed all personal actions upon contracts ,
or quasi contracts ,
which the Romans called condictiones ,
are petitory .
Ersk .
Inst .
b .
4 ,
t .
1 ,
n .
47 .
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