Petitory Action

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.


Admiralty and Maritime Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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