Judgment of Possession Law and Legal Definition
Judgment of possession is an order of the court that determines who is entitled to possession of property. In Texas, a landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. [Tex. Prop. Code § 24.0061]
A judgment of possession in a forcible detainer action is a determination only of the right to immediate possession of the premises, and does not determine the ultimate rights of the parties to any other issue in controversy relating to the realty in question. [Martinez v. Beasley, 572 S.W.2d 83, 1978 Tex. App. LEXIS 3714 (Tex. Civ. App. Corpus Christi 1978).]
In Louisiana, the judgment of possession is rendered in succession proceedings. It is a judgment in a succession procedure which recognizes who are the heirs or legatees of the decedent and transfers all of the property to those heirs or legatees. The heirs, legatees, surviving spouse or usufructuary of the deceased can apply to the court for a judgment of possession. The judgment of possession once issued shall be prima facie evidence of the relationship to the deceased of the parties recognized therein, as heir, legatee, surviving spouse in community, or usufructuary, as the case may be, and of their right to the possession of the estate of the deceased.[La. C.C.P. Art. 3062]. It recognizes petitioners who apply to the court for a judgment of possession as the heirs, legatees, surviving spouse in community, or usufructuary, as the case may be, of the deceased, send the heirs or legatees into possession of the property owned by the deceased at the time of his death, and recognize the surviving spouse in community as entitled to the possession of an undivided one-half of the community property, and of the other undivided one-half to the extent that he has the usufruct thereof.[ La. C.C.P. Art. 3061].
