Ought

The word is generally directory, but may be taken as mandatory if the context requires it. Bract, fol.

185, 292 b. 0US1ER (L. Fr. outre, oultre; Lat. ultra, beyond).

Out; beyond; besides; farther; also; over and more. Le ouster, the uppermost. Over: respondeat ouster, let him answer over. Britton, c.

29.

Ouster le mcr, over the sea. Jacob, L. Diet. Ouster eit, he went away.

6 Co. 41 b; 9 id. 12U.

To put out; to oust. Jl oust, he put out or ousted. Oustcs, ousted.

6 Co. 41 b.

In Torts. The actual turning out or keeping excluded the party entitled to possession of any real property corporeal. It is the wrongful dispossession or exclusion from real property of a party entitled to the possession thereof; ouster of one cotenant by another is produced by the some acts as any other ouster; Winterbum v. Chambers, 91 Cal. 170, 27 Pac. G58. An ouster can properly be only from real property corporeal, and cannot be committed of anything movable; 1 C. & P. 123; 1 Chitty, Pr. 148; nor is a mere temporary trespass considered as an ouster.

Any concommon of his co-tenant; Co. Litt. 199 b, 200 a.

See 3 Bla. Com. 167; Webb, Poll. Torts 447; 1 Chitty, Pr. 374, where the remedies for an ouster are pointed out. A demand of possession by a tenant in common from his co-tenant, and refusal by the latter, constitutes an ouster from the joint possession; Jordan v. Surghnor, 107 Mo. 520, 17 S. W. 1009. In an action of quo warranto, the judgment rendered, If against an cilicer or individuals, is called judgment of ouster; if against a corporation by its corporate name, it is ouster and seizure. See Judgment; Respondeat Ouster; 2 Crabb, R. P. § 2151a; Washb. It. P. OUSTER LE MAIN (L. Fr. to take out of the hand). In Old English Law. A delivery of lands out of the hands of the lord after the tenant came of age. If the lord refused to deliver such lands, the tenant was entitled to a writ to recover the same from the lord: this recovery out of the hands of the lord was called ouster le main.

Abolished by 12 Car. II. c. 24.

Also, a livery of land out of the king’s hands by judgment given in favor of the petitioner in a monstrans de droit; 3 Steph. Com. 057.