Seisin

The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Stearns, Real Act. 2. Possession with an intent on the part of him who holds it to claim a freehold interest Towle v. Ayer, 8 N. H. 58; Ferguson r. Witsell, 5 Rich. Law (S. C.) 280, 57 Am. Dec. 744; McNitt v. Turner, 16 Wall. 361, 21 L. Ed. 341; Deshong v. Deshong, 186 Pa. 227, 40 AH. 402, 65 Am. St. Ren. 855. Upon the introduction of the feudni law into England, the word "seisin" was applied only to the possession of an estate of freehold, in contradistinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the possession of those in whom the freehold continued. The word still retnins its original signification, being applied exclusively to the possession of land of a freehold tenure, it being inaccurate to use the word as expressive of the possession of leaseholds or terms of years, or even of copyholds. Brown. Under out law, the word "seisin" has no accurately defined technical meaning. At common law, it imported a feudal investiture of title by acfual possession. With ns it has the force of possession under some legal title or right to hold. This possession, so far as possession alone is involved, may be shown by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conveyance for that purpose. Ford v. Garner, 49 Ala. 603. Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seised, if he may have had any right, title, or interest -in the inheritance. Co.de N. O. 1883, § 1281, rule 12.

— Actual seisin. possession of the freehold by the pedis positio ot one's self or one's tenant or agent, or by construction of law, as ini'the case of a state grant or a conveyance under the statutes of uses, or (probably) of grant or devise where there is no acfual adverse possession ; it means acfual possession as distinguished from constructive possession or posses-'sion in law. Carpenter v. Garrett, 75 Va. 129, 135; Carr v. Anderson, 6 App. Div. 6, 39 N. Y. Supp. 746.

— Constructive seisin. Seisin in law where there is no seisin in fact; as where the state issues a patent to a person who never takes any sort of .possession of the lands granted, he has constructive seisin of ali the land in his grant, though another person is at the time in acfual possession. Garrett v. Ramsey, 26 W. Va. 351.

— Covenant of seisiu. See Covenant.

— Equitable seisin. A seisin Which la analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents. Sweet.

— Livery of seisin. Delivery of possession ; called, by the feudists, "investifure."

— Primer seisin. In. English law. The right which the king had, when any of his tenants died seised of a night's fee, to receive of the heir, provided he were of full age, one whole year's profits of tSU4ands, if they were in immediate possession ; anC ball a year's profits, if the lands were in reversion, expectant on an estate for life. 2 Bl. Comm. 66.

— Quasi seisin. A term applied to the possession which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copyholder cannot have seisin of them in the proper sense of the word, but he has a customary or quasi seisin analogous to that of a freeholder. Williams, Seis. 126; Sweet.

— Seisin in deed. Actual possession of the freehold; the same as actual seisin or seisin in fact. Vanderheyden v. Crandall, 2 Denio (N. Y.) 21; Backus v. McCoy, 3 Ohio, 221. 17 Am. Dec. 585; Tate v. Jay, 31 Ark. 579.

— Seisin infact. Possession with intent on the part of him who holds it to claim a freehold interest; the same as actual seisin. Seim v. O'Grady, 42 W. Va. 77, 24 S. E. 994; Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795l

— Seisin in law. A right of immediate possession according to the nafure of the estate. Martin v. Trail, 142 Mo. 85, 43 S. W. 655; Savage v. Savage, 19 Or. ll2, 23 Pac. 890, 20 Am. St. Rep. 795. As the old doctrine of corporeal investifure is no longer in force, the delivery of a deed gives seisin in law. Watkins v. Nugen, 118 Ga. 372, 45 S. E. 262,

— Seisin ox. In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since converted into a payment in money, proportioned to the value of the estate. Bell.