POSSESSION, a legal term, which has come to have a larger meaning than in com mon usage of the word or the primary sense, from Latin possideo — to sit upon. It has grown to mean something distinct from mere custody. It is defined as the detention and en joyment of a thing which one holds and exer cises by oneself or through another in his name. It is the condition by which a person may exer cise power over a thing at his pleasure and to the exclusion of all others. There are two requisites to complete possession: first, occu pancy, and second, the taking with intent to possess — hence persons who are without legal wills — as children, idiots, etc., cannot acquire possession; however, a child of sufficient under standing may legally acquire possession of a thing.
One is said to be in actual possession when the thing is in immediate occupancy and con structive possession when one claims to hold by virtue of a title without actual occupancy; pos session may be enjoyed by the proprietor of a thing — thus the proprietor of a house possess ing it by his tenant. A thief may have a thing he has stolen, but he does not rightfuly pos sess it. One who borrows his friend's horse
has it in his custody, but is not a legitimate possessor.
To acquire possession of a property it is requisite that there he intention of possessing as owner and also the possession of the thing.
Possession is lost when one transfers a property to another with the intention of di vesting himself of the title or when he does some act which manifests his intention of abandoning possession. Though, of course, no proof of ownership or title to property or a thing, the possession is a fact in evidence of it and it is sufficient evidence against anyone who cannot show a better claim. Continuous possession of land for a time, which varies in the statutes of various jurisdictions, usually 20 years, will give the occupant title by adverse possession. With chattels a replevin suit is often instituted to regain custody, when the goods are illegally withheld from the rightful owner. See BAIL MENT; TITLE; REPLEVIN.