Disseisin

torts, is the wrongful putting one who is seised, and has actual possession, out of his posevery entry is not a disseisin, for it does not take place unless there is an ouster of the freehold.

Co. Litt. 277.

To make a disseisin the entry must, in the commencement, be made under colour of title, as any other entry is a mere trespass; it is the intention which fixes its character. It must also have been unlawful. Disseisin may be effected either in corporeal inheritances, or incorporeal. Disseisin of things corporeal, as of houses, lands, &zc. must be by entry and actual dispossession o the freehold; as if a man enters, by force or fraud, into the house of another, and turns, or at least, keeps him or his servants out of possession. Disseisin of incorporeal hereditaments cannot be an actual dispossession, for the subject itself is neither capable of actual bodily possession nor dispossession.

3 Bl. Com. 169, 170. See 15 Mass. 495; 6 John. R. 197; 2 Watts, 23; 6 Pick. 172; 1 Verm. 155; 11 Pet. R. 41; 10 Pet. R. 414; 14 Pick. 374; 1 Dana’s R. 279; 2 Fairf. 408; 11 Pick. 193; 8 Pick. 172; 8 Vin. Ab. 79; 1 Swift’s Dig. 504; 1 Cruise, *65; Arch. Civ. Pl. 12; 2 Bac. Ab. 329; 2 Supp. to Ves. Jr. 343; Dane’s Ab. Index, h. t.; 1 Chit. Pr. 374, note (r).