Actual Ouster
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
By “actual ouster” is not meant a physical eviction, buta possession attended with such circumstances L ag to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits, 45 Towa, 287. p. 312, § 1, authorizing proceedings to compel the determination of claims to real property, means a possession in fact effected by actual entry upon the premises; an actual ocsupation. 59 N. Y. 154, It means an actual occupation or possession in fact, as contradistinguished from that sonstructive one which the legal title draws after it. The word “actual” is used in the statute in opposition to virtual or constructive, and calls for an open, visible occupancy.
7 Hun, 616.