Ouster

Dispossessioli; eviction; exclusion from lands, office, &c. It is often spoken of as a species of tort; but it has not necessarily this public o£Gice, is called judgment of ouster. Ouster is a wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, and carries with it the amotion of possession; for thereby the wrong-doer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy, in order to gain possession and damages for the injury sustained. Such dispossession may be either of the freehold or of chattels real. Ouster of the freehold is efltected by various methods: by abatement, intrusion, disseisin, deforcement, or discontinuance. Ouster of chattels real consists of amotion of possession of estates held by statute, recognizance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined by raising the sum for which it is given to him in pledge; or, of amotion of possession from an estate of years, which also takes place by a like kind of disseisin, ejection, or turning out of the tenant from the occupation of the land during the continuance of his term.

Wharton.

Ouster le main. Literally, out of the hand.

1.

A delivery of lands out of the king's hands by judgment given in favor of the petitioner in a monsirans de droit (3 Steph. Com. 657.) 2. A delivery of the ward's lands out of the hands of the guardian, on the former arriving at the proper age, which was twenty-one in males, and sixteen in females.

Abolished by 12 Car. II. eh. 24. [T. L.; Cowel; 2 Bl. Com. 68; 1 Steph. Com. 191.) Mozley S/- W.