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Ouster

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In practice. A putting out; dispossession; amotion of possession. A species of injuries to things real, by which the wrong-doer gains actual occupation of the rland, and compels the rightful owner to seek his legal remedy in order to gain possession. 2 Crabb, Real Prop. p. 1063, § 2454a. See Ewing v. Burnet, 11 Pet. 52, 9 In Ed. 624; Winterburn v. Chambers, 91 Cal. 170, 27 Pac. 658; McMullin v. Wooley, 2 Lans. (N. Y.) 396; Mason v. Kellogg, 38 Mich. 148.

Actual ouster. By "actual ouster" is not meant a physical eviction, but a possession attended with such circumstances as to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits. Bums v. Byrne, 45 Iowa, 287.