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DISSEISIN Definition & Legal Meaning

Definition & Citations:

Dispossession; a deprivation of possession; a privation of seisin; ausurpation of the right of seisin and possession, and an exercise of such powers andprivileges of ownership as to keep out or displace him to whom these rightfully belong.3 Washb. Real Prop. 125; Probst 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. Bromagbam, 9 Cow. (N. Y.) 553; Washburnv. Cutter, 17 Minn. 368 (Gil. 335).It is a wrongful putting out of him that is seised of the freehold, not, as inabatement or intrusion, a wrongful entry, where the possession was vacant, but anattack upon him who Is in actual possession, and turning him out. It is an ouster from afreehold in deed, as abatement and intrusion are ousters in law. 3 Steph. Comm. 386.When one man invades the possession of an- other, and by force or surprise turnshim out of the occupation of his lands, this is termed a “disseisin,” being a deprivationof that actual seisin or corporal possession of the freehold which the tenant beforeenjoyed. In other words, a disseisin is said to be when one enters intending to usurpthe possession, and to oust another from the freehold. To constitute an entry adisseisin, there must be an ouster of the freehold, either by taking the profits or byclaiming the inheritance. Brown.According to the modern authorities, there seems to be no legal difference betweenthe words “seisin” and “possession,” although there is a difference between the words”disseisin” and “dispossession;” the former meaning an estate gained by wrong andinjury, whereas the latter may be by right or by wrong; the former denoting an ousterof the disseisee, or some act equivalent to it, whereas by the latter no such act isimplied. Slater v. Rawson, 6 Mete. (Mass.) 439.Equitable disseisin is where a person is wrongfully deprived of the equitable seisin ofland. e. g., of the rents and profits. 2 Meriv. 171; 2 Jac. & W. 160.Disseisin by election is where a person alleges or admits himself to be disseisedwhen he has not really been so.Disseisinam satis facit, qui ntl non permittit possessorem, vel minns commode, licetomnino non expellat. Co.Litt. 331. He makes disseisin enough who does not permit the possessor to enjoy, ormakes his enjoyment less beneficial, although he does not expel him altogether.


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