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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - quomodo desiit possidere
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Definition of quomodo desiit possidere
QUOMODO DESIIT POSSIDERE
Quomodo desiit possidere is a Latin term used in Scots law. It means "in what way he ceased to possess." In an action to reclaim possession, the plaintiff was required to prove previous possession and how they lost possession, such as by theft or other means.
If someone stole your car, you could take legal action to reclaim possession. In court, you would need to prove that you previously possessed the car and how you lost possession, such as by theft. This is an example of quomodo desiit possidere.
Another example could be if someone rented a house and then stopped paying rent. The landlord could take legal action to reclaim possession of the property. In court, the landlord would need to prove that they previously possessed the property and how the tenant ceased to possess it, such as by not paying rent.
These examples illustrate how quomodo desiit possidere is used in legal cases to establish previous possession and how it was lost.
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Simple Definition
Term: QUOMODO DESIIT POSSIDERE
Definition: Quomodo desiit possidere means "in what way he ceased to possess" in Law Latin. In Scots law, it is used in an action to reclaim possession where the plaintiff must prove previous possession and how it was lost (such as by theft).
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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