Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    A wrongful ouster from possession of a freehold. See 177 Mass. 139, 83 Am. St. Rep. 265, 58 N. E. 275.

  • Black's Law Dictionary: 2nd Edition

    Dispossession; a deprivation of possession; a privation 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 dis-placo him to whom these rightfully belong. 3 Washb. Real Prop. 125; Prohst v. Trustees, 129 U. S. 182, 9 Sup. Ct 263, 32 L. Ed. 642; Bond v. O'Gara, 177 Mass. 139, 58 N. E. 275, 83 Am. St. Rep. 265; Moody v. Fleming, 4 Ga. 115, 48 Am. Dec. 210; Clapp v. Bromagham, 9 Cow. (N. Y.) 553 ; Washburn v. Cutter, 17 Minn. 368 (Gil. 335). It is a wrongful putting out of him that ls seised of the freehold, not, as in abatement or intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. It is an ouster from a freehold in deed, as abatement and Intrusion are ousters in law. 3 Steph. Comm. 386. When one man invades the possession of another, and by force or surprise turns him out of the occupation of his lands, this is termed a "disseisin," being a deprivation of that acfual seisin or corporal possession of the freehold which the tenant before enjoyed. 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 constitute an entry a disseisin, there must be an Ouster of the freehold, either by taking the profits or by claiming the inheritance. Brown. Acconiing to the modem 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 former 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 equivalent to it, whereas by the latter no such act is implied. Slater v. Rawson, 6 Mete. (Mass.) 439. Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of land, e. g„ of the rents and profits. 2 Meriv. 171; 2 Jan. & W. 166. Disseisin by election is where a person alleges or admits himself to be disseised when he bas not really been so. Disseisinam satis facit, qui uti non permittit possessorem, vel minus com. mode, licet omnino non expellat. Co.. Litt 331. He makes disseisin enough who does not permit the possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether.