EMBATEIA
EMBATEIA (
ἐμβατεία). In Attic
law this word (like the corresponding English one,
entry) was used to denote a formal taking possession of real property.
Thus, when a son entered upon the land left him by his father, he was said
ἐμβατεύειν, or
βαδίζειν εἰς τὰ πατρῷα, πορεύεσθαι εἰς τὰ κτήματα
(Dem.
c. Leoch. p. 1090.32), and thereupon he became
seised or possessed of his inheritance. This right
of taking formal possession by entry was confined to sons and other male
descendants (Isae.
Pyrrh. § 59;
Ciron. § 34), and to sons adopted during the
testator's lifetime ([Dem.]
c. Leoch. p. 1086.19); hence
οἱ εἰσποίητοι in Isae.
Pyrrh. § 61 (
τὰς
ἐπιδικασίας οἱ εἰσποίητοι πάντες ποιοῦνται must be
taken to mean “adopted by will” (cf. § 60).
(Schömann on Isae.
Astyph. § 3.) If anyone
prevented him from taking possession [
EXAGOGE], he might maintain an action of ejectment,
ἐξούλης δίκη [
EXOULES DIKE]; if an heir under age or an
ἐπίκληρος was ejected from the estate, the law
gave a criminal prosecution against the offender, called
κακώσεως εἰσαγγελία (Isae.
Pyrrh. § § 46, 62, etc.).
Ἐμβατεύειν is also used of creditors who took
possession of mortgaged property when the time of payment had expired (Dem.
c. Apat. p. 894.6,
ὀφείλων ἐπὶ
τῆ νηὶ τῇ ἑαυτοῦ . . . οἱ χρῆσται ἐνεβάτευον εἰς τὴν
ναῦν: cf. Bekk.
Anecd. 249, and Ditten-berger,
S.I. G. 344, 75 ff.), and of plaintiffs who, having been
awarded heavy damages, proceeded to satisfy themselves by seizure of the
defendants' property, or who had been awarded a certain piece of land or a
house: cf. Dem.
c. Onet. i., the
ἐξαγωγὴ in p. 864.4,
ύβριστικῶς
ὑπ̓ αὐτοῦ πάνυ ἐξεβλήθην, presupposes
ἐμβατεία: [Dem.]
c. Euerg. p.
1155.52 ff.; Suid. and
Etym. M.:
οἱ δίκην νικήσαντες, ὥστε λαβεῖν χωρίον ἢ
οἰκίαν, ἔπειτα ἐμβατεύειν κωλυόμενοι, etc. (
Att.
Process, ed. Lipsius, pp. 603, 606, 696, 966 f.)
Ἔμβασις (on the part of a buyer) means the
formal entering upon ownership of real property. (Le Bas et Waddington,
Voyages, etc. 3.1, 415; inscr. of Mylasa,
ἔσονται κατὰ ταὐτὰ ἐμβεβατευμένοι κυρίως κατὰ
τήνδε τὴν ἔμβασιν: ἐνεβίβασεν δὲ αὐτοὺς ἐναντίον
μαρτύρων, etc.: cf.
Bull. de Corr. hell. v.
(1881), p. 112.)
[
C.R.K] [
H.H]
