Ouster

An entry by one man on the land of another, is an ouster of the legal possession arising from the title, or not, according to the intention with which it is done; if made under claim and color of right, it is an ouster, otherwise, it is a mere trespass; in legal language, the intention guides the entry and fixes its character.

In practice. A putting out; dispossession; amotion of possession. A species of injuries to things real, by which the wrong-doer gains actual occupation of the rland, and compels the rightful owner to seek his legal remedy in order to gain possession. 2 Crabb, Real Prop. p. 1063, § 2454a. See Ewing v. Burnet, 11 Pet. 52, 9 In Ed. 624; Winterburn v. Chambers, 91 Cal. 170, 27 Pac. 658; McMullin v. Wooley, 2 Lans. (N. Y.) 396; Mason v. Kellogg, 38 Mich. 148.

— Actual ouster. By "actual ouster" is not meant a physical eviction, but a possession attended with such circumstances as to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits. Bums v. Byrne, 45 Iowa, 287.

A putting out; dispossession; amotion of possession; the wrongful dispossession or exclusion from real property of a person entitled to possession.

" Amotion of possession: dispossession. ^ Originally, an injury affecting a right in realty. Amotion of a freehold is by abatement, intrusion, disseisin, discontinuance, deforcement. Amotion of a chattel real is by dispossessing a tenant holding by statute-merchant, statute-staple, elegit, or imder an estate for years, s A wrongful dispossession or exclusion of a party from real property who is entitled to the possession.' An entry upon the land of another is an ouster of the legal possession arising from the title, if made under claim and color of right; otherwise, it is a mere ■ Heiss V. Murphy, 40 Wis. 290 (1876). 2 Harlow v. Tufts, 4 Cush. 453 (1849); Commonwealth «. pejardin, 128 Mass. 47 (1878); ib. 433; 112 id. 411; 6 Cush. 143; 20 Pick. 201; 14 Gray, 440; 140 Mass. 463; 40 Barb. 574; 67 N. Y. 149; 9 Ohio, 11; 8 Brewst. 325; 9 Tex. 521; 23 How. 117; 117 U. S. 610. s The City of Salem, 31 F. B. 618 (1887); Oregon Laws, 1876, No. 9. < Commonwealth v. Rice, 9 Mete. 258 (1845). « Downing II. Marshall, 23 N. Y. 388 (1861). '» Kenney v. Sweeney, 14 E. I. 682 (1884). ' F. outre: L. ultra, beyond. ' [3 Bl. Com. 167, 198. trespass. The " intention " guides the entry, and fixes its character.' Compare amotion. Judgment of ouster. In proceedings by quo warranto, excludes an intruder from a public office. 2 Ouster le main. Out of his hands. See Ward, 3. Compare Respondeat, Ouster.

oster, otei, oust, deprive of. or an hereditament term for exclusion party ousted can remedies. • or delivery of the on the former's lord for this purpose. hands by judgment

Dispossessioli; eviction; exclusion from lands, office, &c. It is often spoken of as a species of tort; but it has not necessarily this public o£Gice, is called judgment of ouster. Ouster is a wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, and carries with it the amotion of possession; for thereby the wrong-doer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy, in order to gain possession and damages for the injury sustained. Such dispossession may be either of the freehold or of chattels real. Ouster of the freehold is efltected by various methods: by abatement, intrusion, disseisin, deforcement, or discontinuance. Ouster of chattels real consists of amotion of possession of estates held by statute, recognizance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined by raising the sum for which it is given to him in pledge; or, of amotion of possession from an estate of years, which also takes place by a like kind of disseisin, ejection, or turning out of the tenant from the occupation of the land during the continuance of his term. Wharton. Ouster le main. Literally, out of the hand. 1. A delivery of lands out of the king's hands by judgment given in favor of the petitioner in a monsirans de droit (3 Steph. Com. 657.) 2. A delivery of the ward's lands out of the hands of the guardian, on the former arriving at the proper age, which was twenty-one in males, and sixteen in females. Abolished by 12 Car. II. eh. 24. [T. L.; Cowel; 2 Bl. Com. 68; 1 Steph. Com. 191.) Mozley S/- W.

torts. An ouster is the actual turning out, or keeping excluded, the party entitled to possession of any real property corporeal. An ouster can properly be only from real property corporeal, and cannot be committed of any thing moveable, 1 Car. & P. 123;