.
OI´KIAS DIKE (οἰκίας δίκη), an action to recover a house (like any other action where property was the subject of litigation, as χωρίου, ἀνδραπόδων, νεώς, ῾ίππου δίκη), belonged to the class of διαδικασίαι, i. e. actions in which the dispute was ὅτῳ προσήκει μᾶλλον, Lex. Seguer. 236 = Etym. M. p. 267, 7), e. g. one claiming it because he had bought it, the other because it had been mortgaged to him. Certain speeches of Lysias, Isaeus, Hyperides, and Deinarchus, which dealt with this subject, are all lost; in some, it would seem, private creditors made claims upon a confiscated estate by this action (Harpocr. s. v. παρακαταβολή). By the laws of Zaleucus (Plb. 12.16) possession of the property in dispute was secured till after the action to the last bonae fidei possessor; Attic law directed probably the same. Such actions belonged to the jurisdiction of the Forty (Att. Process, ed. Lipsius, pp. 674-81). The ἐνοικίου δίκγ was another action to recover a house, not merely the bygone rents, as Hudtwalcker (Diaet. p. 143 n.) supposed; cf. Thalheim, Griech. Rechtsaltert. p. 84, n. 2. If house-rent was not paid by the tenant, the owner might evict him, but he was not, it seems, assisted by the authorities in so doing: καθάπερ καὶ ἐξ οἰκίας, φησὶν ὁ Βίων, ἐξοικιζόμεθα, ὅταν τὸ ἐνοίκιον ὁ μισθώσας οὐ κομιζόμενος τὴν θύραν ὰφέλῃ, τὸν κέραμον ἀφέλῃ, τὸ φρέαρ ἐγκλείοη (Stob. Floril. 5.67).
Dictionary of Greek and Roman Antiquities
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