Disseisin

Dispossession; a deprivation of possession; a privution of seisin; a usurpation of the right of seisin and possession, and an exercise of such powers and privileges of ownership as to keep out or displace him to whom these rightfully telong.

3 Washb, Real Prop. 125.

It isa wrongful putting out of him that is seised of the freehold, not, as in abatement ov intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. Itis an ouster from a freeliold in deed, as abatement and intrusion are ousters inlaw.

38 Steph. Comm. 3x6.

When one man invades the possession of another, and by force or surprise turns him out of the oecnpation of his lands, this is termed a “disscisin,” being a deprivation of that actual seisin or corporal possession of the freehold which the tenant before enjuyed. In other words, a disseisin is said to be when one enters intending to usurp the possession, and to oust another from the freehold. To coustitute an entry a disseisin, there must be an ouster of the freehold, either by taking the profits or by claiming the inheritaace. Brown. According to the modern authorities, there seems to be no legal difference between the words “seisin” and “possession,” although there is a difference between the words “disseisin” and “dispossession,” the jormer meaning an estate gained by wrong and injury, whereas the latter may be by right or by wrong; the former denoting an ouster of the disseisee, or some act equivaient to it, whereas by the latter no such actisimplied.

6 Metc. (Mass.) 409.

Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of ’ Jand, e. g., of the rents and profits.

2 Meriv. 171; 2 Jac. & W. 166.

Disseisin by election is where a person al- Disseisinam satis facit, qui uti non permittit possessorem, vel minus commode, licet omnino non expellat. Co. Lift. 831, He makes disscisin enough who does not permit the possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether. DISSHIS(TRIX. A female disseiser; a disseisoress. Fleta, lib. 4, c. 12, § 4