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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.)
Dictionary of Greek and Roman Antiquities
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