Disseisin

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 displace him to whom these rightfully belonff 2 Washb. Real Prop. 283. The act of divesting the owner of his seisin and possession of the land, and substituting in its place the ownership and possession of the disseisor. The change in the meaning of the word, and the distinction between it and "deforcement," stated. 9 Cow. (N. Y.) 530, S52. An actual and wrongful expulsion from a freehold. Dispossession may be by right or wrong. 6 Johns. (N. Y.) 197. And see 8 Barb. (N. Y.) 189, 194.

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 displace him to whom these rightfully belong. 2 Washb. R. P. 2S3; Mitch. R. P. 259. It takes the seisin or estate from one man and places it in another. It is an ouster of the rightful owner from the seisin or estate in the land, and the commencement of a new estate in the wrong-doer. It may be by abatement, intrusion, discontinuance, or deforcement, as well as by disseisin properly so called. Every dispossession is not a disseisin. A disseisin, properly so called, requires an ouster of the freehold. A disseisin at election is not a disseisin in fact; 2 Pres. Abstr. Titles 279; but by admission only of the injured party, for the purpose of trying his right in a real action; Co. Litt. 277; Little v. Libby, 2 Greenl. (Me.) 242, 11 Am. Dec. 68; Doe v. Thompson, 5 Cow. (N. Y.) 371; Jackson v. Huntington, 5 Pet. (U. S.) 402, 8 L. Ed. 170; Poignard v. Smith, 6 Pick. (Mass.) 172. Disseisin may be effected either in corporeal inheritances, or incorporeal. Disseisin of things corporeal, as of houses, lands, etc., must be by entry and actual dispossession of 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 or dispossession; 3 Bla. Com. 109, 170. See Poignard v. Smith, 6 Pick. (Mass.) 172; Smith v. Burtis, 6 Johns. (N. Y.) 197, 5 Am. Dec. 218; Ellicott v. Pearl, 10 Pet. (U. S.) 414, 9 L. Ed. 475; Stetson v. Veazie, 11 Me. 408. In the early law every disseisin was a breach of the peace; if perpetrated with violence it was a serious breach. The disseisor was amerced never less than the amount of the damage; if it were by force of arms he was sent to prison and fined. Besides he gave the sheriff an ox,— "the disseisin ox,"— or five shillings. If he disseised one who has already recovered possession from him by the offender was a redisseisor; 2 Poll. & Maitl. Hist, of Eng. Law 45. See Buying Titles.

disseizin. Deprivation of seisin.

Dispossession; a deprivation of possession; a privution 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 displace him to whom these rightfully telong. 3 Washb, Real Prop. 125. It isa wrongful putting out of him that is seised of the freehold, not, as in abatement ov intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. Itis an ouster from a freeliold in deed, as abatement and intrusion are ousters inlaw. 38 Steph. Comm. 3x6. When one man invades the possession of another, and by force or surprise turns him out of the oecnpation of his lands, this is termed a “disscisin,” being a deprivation of that actual seisin or corporal possession of the freehold which the tenant before enjuyed. 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 coustitute an entry a disseisin, there must be an ouster of the freehold, either by taking the profits or by claiming the inheritaace. Brown. According to the modern 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 jormer 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 equivaient to it, whereas by the latter no such actisimplied. 6 Metc. (Mass.) 409. Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of ’ Jand, e. g., of the rents and profits. 2 Meriv. 171; 2 Jac. & W. 166. Disseisin by election is where a person al- Disseisinam satis facit, qui uti non permittit possessorem, vel minus commode, licet omnino non expellat. Co. Lift. 831, He makes disscisin enough who does not permit the possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether. DISSHIS(TRIX. A female disseiser; a disseisoress. Fleta, lib. 4, c. 12, § 4

Wrongfully putting a man out of hold; a kind of ouster.

[L. Fr. disseisine, dissaisin; L. Lat. disseisina, disseysina, dissaisina.] Deprivation or putting out of seisin; a wrongful putting out of him that is actually seised of the freehold. Co. Litt. 277 a. 3 Bl. Com. 169. A species of injury by ouster or dispossession. Id. ibid. 3 Steph. Com. 483. Litt. sect. 279. Roscoe's Real Act. 61. See Seisin. Disseisin was originally an actual dispossession, but afterwards many acts were held to amount to disseisin, if the injured party chose to consider them as such; and this was called disseisin by election. 2 Crabb's Real Prop. 1063, 1064, § 2455. 4 Kent's Com. 482 — 490. 1 Burr. 60, 107, 108. See Disseisina.

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).