Seisin

The completloli of the feudal Investiture, by which the tenant was admitted into the feud, and performed the rites of homage and fealty. Stearns, Real Actions, 2. Possession with an intent on the part of him who holds it to claim a freehold interest. 8 N. H. 58; 1 Washb. Real Prop. 35; 115 111. 183. 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. Litt. § 701; 1 Spence, Eq. Jur. 136. In the early history of the country, livery of seisin seems to have been occasionally practiced. See 1 Washb. Real Prop. 34, note; Colony Laws (Mass.) 85, 86; Smith, Landl. & Ten. (Morris Ed.) 6, note. Seisin and ownership, as to corporeal hereditaments, in the common law sense of the term, mean practically the same thing. 115 111. 182. 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. Walk. Am. Law, 324, 330; 4 Day (Conn.) 305; 4 Mass. 489; 14 Pick. (Mass.) 224; 6 Mete. (Mass.) 439. A patent by the commonwealth, in Kentucky, gives a right Df entry, but not actual seisin. 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

The completion of the feudal investiture, by which the tenant was admitted into the feud and performed the rights of homage and fealty. Stearns, Real Act. 2; Mitchell, R. E. & Conv. 225. Possession with an intent on the part of him who holds it to claim a freehold interest. Towle v. Ayer, 8 N. H. 58; 1 Wiashb.

The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Stearns, Real Act. 2. Possession with an intent on the part of him who holds it to claim a freehold interest Towle v. Ayer, 8 N. H. 58; Ferguson r. Witsell, 5 Rich. Law (S. C.) 280, 57 Am. Dec. 744; McNitt v. Turner, 16 Wall. 361, 21 L. Ed. 341; Deshong v. Deshong, 186 Pa. 227, 40 AH. 402, 65 Am. St. Ren. 855. Upon the introduction of the feudni law into England, the word "seisin" was applied only to the possession of an estate of freehold, in contradistinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the possession of those in whom the freehold continued. The word still retnins its original signification, being applied exclusively to the possession of land of a freehold tenure, it being inaccurate to use the word as expressive of the possession of leaseholds or terms of years, or even of copyholds. Brown. Under out law, the word "seisin" has no accurately defined technical meaning. At common law, it imported a feudal investiture of title by acfual possession. With ns it has the force of possession under some legal title or right to hold. This possession, so far as possession alone is involved, may be shown by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conveyance for that purpose. Ford v. Garner, 49 Ala. 603. Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seised, if he may have had any right, title, or interest -in the inheritance. Co.de N. O. 1883, § 1281, rule 12.

— Actual seisin. possession of the freehold by the pedis positio ot one's self or one's tenant or agent, or by construction of law, as ini'the case of a state grant or a conveyance under the statutes of uses, or (probably) of grant or devise where there is no acfual adverse possession ; it means acfual possession as distinguished from constructive possession or posses-'sion in law. Carpenter v. Garrett, 75 Va. 129, 135; Carr v. Anderson, 6 App. Div. 6, 39 N. Y. Supp. 746.

— Constructive seisin. Seisin in law where there is no seisin in fact; as where the state issues a patent to a person who never takes any sort of .possession of the lands granted, he has constructive seisin of ali the land in his grant, though another person is at the time in acfual possession. Garrett v. Ramsey, 26 W. Va. 351.

— Covenant of seisiu. See Covenant.

— Equitable seisin. A seisin Which la analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents. Sweet.

— Livery of seisin. Delivery of possession ; called, by the feudists, "investifure."

— Primer seisin. In. English law. The right which the king had, when any of his tenants died seised of a night's fee, to receive of the heir, provided he were of full age, one whole year's profits of tSU4ands, if they were in immediate possession ; anC ball a year's profits, if the lands were in reversion, expectant on an estate for life. 2 Bl. Comm. 66.

— Quasi seisin. A term applied to the possession which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copyholder cannot have seisin of them in the proper sense of the word, but he has a customary or quasi seisin analogous to that of a freeholder. Williams, Seis. 126; Sweet.

— Seisin in deed. Actual possession of the freehold; the same as actual seisin or seisin in fact. Vanderheyden v. Crandall, 2 Denio (N. Y.) 21; Backus v. McCoy, 3 Ohio, 221. 17 Am. Dec. 585; Tate v. Jay, 31 Ark. 579.

— Seisin infact. Possession with intent on the part of him who holds it to claim a freehold interest; the same as actual seisin. Seim v. O'Grady, 42 W. Va. 77, 24 S. E. 994; Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795l

— Seisin in law. A right of immediate possession according to the nafure of the estate. Martin v. Trail, 142 Mo. 85, 43 S. W. 655; Savage v. Savage, 19 Or. ll2, 23 Pac. 890, 20 Am. St. Rep. 795. As the old doctrine of corporeal investifure is no longer in force, the delivery of a deed gives seisin in law. Watkins v. Nugen, 118 Ga. 372, 45 S. E. 262,

— Seisin ox. In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since converted into a payment in money, proportioned to the value of the estate. Bell.

Possession of in a looser sense, as ship. Seisin in fact: which is seisin in the guaranty; to make safe or certaiD.

2 The possession of land under a claim, either express or implied by law, of an estate amounting at least to a freehold. » See Seisina. Ordinarily, a possession in fact by one having or claiming a freehold interest. This is known as a seisin in deed; the right of immediate possession is a seisin in law. There may be a constnictive seisin, which is the equivalent of a seisin in deed.* Originally, seisin was the completion of the feudal investiture; it now means ownership. A " covenant of seisin " and a " covenant of right to convey " are synonymous.5 In Missouri, a covenant of seisin is a covenant of indemnity, and runs with the land to the extent that it the covenantee takes any estate, however defeasible, or if possession accompanies the deed, though no title passes, the covenant enures to the subsequent grantee who sustains the loss." See Covenant, Real. Livery of seisin. Pure feudal investiture or delivery of corporal possession of land or of a tenement.^ Held absolutely necessary to complete a donation.^ See Delivery, 1; Demesne. Disseisin. Ouster or deprivation of a freehold. A wrongful putting of him out of that is seised of a freehold, — is in actual possession. 8 Where one man invades the possession of another, and by force or surprise turns him out of the occupation of lands: being a deprivation of that actual seisin, or corporal freehold of the lands, which the tenant before enjoyed. 9 Disseisor. A person who intrudes and ' Nordlinger v. Hobertson, 33 F. B. 341 (1887). ^ F. seisin, to make to possess or sit upon. See Webster's Diet. "Seize." >Towle V. Ayer, 8 N. H. 59 (1835), Eichardson, C. J. • Jenkins v. Fahey, 73 N. Y. 368 (1878); Hart v. Dean, 2 Mac Ar. 63 (1875). «Cook V. Hammond, 4 Mas, 488 (1827), Story, J.; Mc Nitti;. Turner, 16 Wall. 361 (1872); Ford v. Gamer, 49 Ala. 603 (1873), Peters, C. J.; Green v. Liter, 8 Cranch, 242-49 (1814); 4 Kent, 386. « Allen V. Kennedy, 91 Mo. 329 (1886), cases. ' [2 Bl. Com. 311; 1 Washb. E. P. 32-35. « [3 Bl. Com. 169. -» [2B1. Com. 195; 5 Pet. •439; 5 Conn. 257, 518; 58111. ejects another from his possession of an estate of freehold. Disseisee. The freeholder so ejected. The law wiU not construe ^ possession to be tortious unless from necessity. It considers every possession lawful, the commencement and continuance of which is not proved to be wrongful Where, then, a naked possession is in proof, unaccompanied by evidence as to its origin, it will be deemed lawful, and co-extensive with the right set up by the party. If he claims only a limited estate, the law will not, contrary to his intentions, enlarge it to a fee. And it is only when he is proved to be in by disseisin that the law will construe it to be a disseisin of the fee, and abridge him of his right to qualify his wrong.' Purchase of the rights of a disseisee (called "buying title " ) was not permitted at common law; one could not sell a quarrel or lawsuit; and was made an offense by 36 Henry "VIII (1545), c. 9. It is generally d Uallowed in the United States, but not so in Illinois, Missouri, and Pennsylvania.* See Champerty.

A possession of real property founded on title; enjoyment or occupancy assumed in virtue of a right. Seise: to take possession of lands of freehold tenure, by livery. Seised: invested with possession of lands. in virtue of a freehold estate. The words are often, but unadvisably, spelled with ax, — seizin. session of an estate of freehold, in contradistinction to that precarious kinji of possession by which tenants in villenage held their lands, which was considered to be the possession of those in whom the freehold continued. It is opposed to a merely beneficial or equitable title, and to the possession of a mere leasehold or chattel estate. Instances are found in which it has been applied to chattel propei'ty; but, in general, seisin, with respect to freehold estates, corresponds to possession with respect to chattel interests and property; and in modern books possession is more and more used of real property, seeming to be gradually substituted for seisin. The older word might advantageously be retained, and the two might well be continued in use for real and personal property respectively. According to Washburn's very complete and lucid exposition of this and other feudal terms, seisin was, originally, the completion of the feudal investiture by which the tenant was admitted into the feud, and performed the rights of homages and fealty. There could be but one seisin of given lands; but it might be either in fact or in law. Seisin in fact was an actual investiture of possession, generally accomplished by the forms and tokens of livery, such as the lord, or some one empowered by him, going upon the land with the tenant, and there delivering to him a turf or a twig; and there were other modes. Seisin in law occurs in such cases as where an ancestor or devisor dies leaving his lands vacant. The heir in one case, and the devisee in the other, is deemed by the law to have a seisin which may at any time be converted into a seisin in fact. To constitute a seisin in fact, there must be an actual possession of the land; to constitute a seisin in law, there must be a right of immediate possession, according to the nature of the interest, as either corporeal or incorporeal. Seisin in fact necessarily implies possession; there being no legal difference between " seisin " and "possession," if the possession is with intent on the part of him applications of the words; thus, though there may be a concun-ent possession of the same lands by several persons, there cannot be such concurrent seisin. And seisin is applied to estates of which there is no present possession, such as remainders and reversion, meaning that the party has a fixed vested right of future enjoyment. Moreover, lands may be, for a time, vacant, as regards possession; but the seisin cannot be (at common law) in abeyance or suspense: it must always be in some one as freeholder. 1 Washb. R. P. 3 et seq. A tenant for years is not said to be seised of the lands, the possession not being given to him by the ceremony of livery of seisin; nor does the mere delivery of a lease for years vest any estate in the lessee, but only gives him a right of entry on the land; when he has actually entered, the estate becomes actually vested in him, and he is then possessed, not properly of the land, but of the term for years, the seisin of the freehold still remaining in the lessor. Cruise Dig. tit. 8, ch. 1, § 10. Seisin means possession under some legal title or right to hold. The possession may be shown by parol; the title must be shown by the proper conveyance. Ford v. Garner, 49 Ala. 601, 604. Seisin is of two kinds: seisin in law arises when the grantor of real estate gives the right of present possession to the grantee; seisin in deed is the actual possession of freehold estate. Hart v. Dean, 2 Mac Arthur, 60. Seisin ox. A perquisite formerly due to the sheriff in Scotland when he gave possession to an heir holding crown lands. It has now for a long time been converted into a payment in money, proportioned to the value of the estate. BeU. Seisina facit stipitem. Seisin makes the stock. Actual seisin makes a person the stock from which inhei'itance must be derived. By the inheritance act, 3 & 4 Wm. IV. ch. 106, this maxim has been discarded in England. By that act, descent must in every case be traced from the purchaser, — the person last entitled who did not inherit. (1 Steph. Com. 367.) In most, if not all, of the United States, also, the rule has been changed in like manner. (4 Kent Com. 388, 389. Seisina habenda quia rex habnit annum, diem et vastum. A writ formerly in use for delivery to the lord of seisin of the lands or tenements of a tenant attainted of felony, after the king, in right