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Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

35. Ex vi tei'tnini, the whole legal title. Allen v. Allen, 48 Minn. 462, 51 N. W. 473. “Seisin is a technical term to denote the completion of that investiture, by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.” 1 Burr. 110, per Lord Mansfield. This definition is said to be more 'applicable to the ceremony of livery of seisin than to seisin itself, while the definition of seisin as possession, does not lay sufficient stress on what is really the most important element It is said that seisin is of practical importance at the jpresent day in England in those rare cases where land is conveyed by an infant under the custom of gavelkind, and where a man claims an estate by curtesy. If feoffments were abolished and "the law of curtesy made similar to that of dower, seisin would be completely obsolete, as it is in all other respects; 12 L. Quart. Rev. 246, 251. Immediately upon the investiture or livery of seisin the tenant became tenant of the freehold; and the term seisin originally contained the idea of possession derived from a superior lord of whom the tenant held. There could be but one seisin, and the person holding it was regarded for the time as the rightful owner; Littleton § 701; 1 Spence, Eq. Jur. 136. In the early history of the country, livery of seisin seems to have been occasionally practised. See 1 Washb. R. P. *344; Colony Laws (Mass.) 85, 86; Smith, Landl. & T. 6, n. In Connecticut, Massachusetts, Pennsylvania, and Ohio, seisin means merely ownership, and the distinction between seisin in deed and in law Is not known in practice; Bush v. Bradley, 4 Day (Conn.) 305; Bates v. Norcross, 14 Pick. (Mass.) 224. A patent by the commonwealth. In Kentucky, gives a right of entry, but not actual seisin; Speed v. Buford, 3 Bibb (Ky.) 57. Seisin in fact is possession with intent on the part of him who holds it to claim a freehold interest. Seisin in law is a right of immediate possession according to the nature of the estate. Cowell; Com. Dig. Seisin (A 1, 2). If one enters upon an estate having title, the law presumes an intent' in accordance, and requires no further proof of the intent; Means v. Welles, 12 Mete. (Mass.) 357; Barr v. Gratz, 4 Wheat. (U. S.) 213, 4 L. Ed. 553; but if one enters without title, an intent to gain seisin must be shown; Bradstreet v. Huntington, 5 Pet. (U. 8.) 402, 8 L. Ed. 170. Seisin once established is presumed to continue till the contrary is shown; Brown v. King, 5 Mete. (Mass.) 173. Seisin will not he lost by entry of a stranger if the owner remains in possession; 1 Salk. 246; Halt v. Stevens, 9 Mete. (Mass.) 418. Entry by permission of the owner will never give seisin without open and unequivocal acts of disseisin known to the owner; Clarke v. Mc Clure, 10 Gratt. (Ya.) 305; nail v. Stevens, 9 Mete. (Mass.) 418. Simple entry by one having the freehold title is sufficient to regain seisin; Spaulding v. Warren, 25 Vt. 316; Ellicott v. Pearl, 10 Pet. (U. S.) 412, 9 L. Ed. 475. The heir is Invested with the seisin by law upon descent of the title; Green v. Chelsea, 24 Pick. (Mass.) 78. As a general proposition, by the law in this country, the making, delivery, and recording of a deed of lands passes the seisin without any formal entry being necessary. This is generally by force of the statutes of the several states, — in some such a deed being In terms declared to be equivalent to livery of seisin, and in others dispensing with any further act to pass a full and complete title; 4 Greenl. Cruise, Dig. 45, n., 47, n.; Smith, Landl. & T. 6, n.; Mc Kee's The seisin could never be in abeyance; 1 Prest. Est. 255; and this necessity gave rise to much of the difficult law in regard to estates enjoyable in the future. See 1 Spence, Eq. Jur. 156. A tenant for years had no seisin; nor had a remainderman. It was a fundamental principle that.seisin could not be in abeyance; there must always be a feudal representative of any piece of land; Jenks, Mod. Land L. 95. The statute of uses ( q. v.) entirely changed the meaning of the word “seisin.” Before the statute seisin had been exclusively a state of fact — the condition of the person actually possessed, by himself or his tenant for years as feudal owner. But it then came to signify the state of the person entitled to possession and to be treated as in possession by the statute of uses; Jenks, Mod. Land L. 110. As to the seisin of chattels, see 29 L. Q. R. 383; and see the ‘‘Mystery of Seisin” by Maitland in 3 Sel. Essays in Anglo-Amer. L. H. 591. See Turf and Twio; Livery of Seisin.