Seisin

2 The possession of land under a claim, either express or implied by law, of an estate amounting at least to a freehold. » See Seisina. Ordinarily, a possession in fact by one having or claiming a freehold interest. This is known as a seisin in deed; the right of immediate possession is a seisin in law. There may be a constnictive seisin, which is the equivalent of a seisin in deed.* Originally, seisin was the completion of the feudal investiture; it now means ownership. A " covenant of seisin " and a " covenant of right to convey " are synonymous.5 In Missouri, a covenant of seisin is a covenant of indemnity, and runs with the land to the extent that it the covenantee takes any estate, however defeasible, or if possession accompanies the deed, though no title passes, the covenant enures to the subsequent grantee who sustains the loss." See Covenant, Real. Livery of seisin. Pure feudal investiture or delivery of corporal possession of land or of a tenement.^ Held absolutely necessary to complete a donation.^ See Delivery, 1; Demesne.

Disseisin.

Ouster or deprivation of a freehold. A wrongful putting of him out of that is seised of a freehold, — is in actual possession. 8 Where one man invades the possession of another, and by force or surprise turns him out of the occupation of lands: being a deprivation of that actual seisin, or corporal freehold of the lands, which the tenant before enjoyed.

9 Disseisor.

A person who intrudes and ' Nordlinger v. Hobertson, 33 F. B. 341 (1887). ^ F. seisin, to make to possess or sit upon.

See Webster's Diet. "Seize." >Towle V. Ayer, 8 N. H. 59 (1835), Eichardson, C. J. • Jenkins v. Fahey, 73 N. Y. 368 (1878); Hart v. Dean, 2 Mac Ar. 63 (1875). «Cook V. Hammond, 4 Mas, 488 (1827), Story, J.; Mc Nitti;.

Turner, 16 Wall. 361 (1872); Ford v. Gamer, 49 Ala. 603 (1873), Peters, C. J.; Green v. Liter, 8 Cranch, 242-49 (1814); 4 Kent, 386. « Allen V. Kennedy, 91 Mo. 329 (1886), cases. ' [2 Bl. Com. 311; 1 Washb. E. P. 32-35. « [3 Bl. Com. 169. -» [2B1. Com. 195; 5 Pet. •439; 5 Conn. 257, 518; 58111. ejects another from his possession of an estate of freehold. Disseisee. The freeholder so ejected. The law wiU not construe ^ possession to be tortious unless from necessity. It considers every possession lawful, the commencement and continuance of which is not proved to be wrongful Where, then, a naked possession is in proof, unaccompanied by evidence as to its origin, it will be deemed lawful, and co-extensive with the right set up by the party. If he claims only a limited estate, the law will not, contrary to his intentions, enlarge it to a fee. And it is only when he is proved to be in by disseisin that the law will construe it to be a disseisin of the fee, and abridge him of his right to qualify his wrong.' Purchase of the rights of a disseisee (called "buying title " ) was not permitted at common law; one could not sell a quarrel or lawsuit; and was made an offense by 36 Henry "VIII (1545), c. 9. It is generally d Uallowed in the United States, but not so in Illinois, Missouri, and Pennsylvania.*

See Champerty.