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SEISIN Definition & Legal Meaning

Definition & Citations:

The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Stearns, Beal Act. 2. Possession with an intent on the part of him who holds it to claim a freehold inter- est. Towle v. Ayer, 8 N. H. 58; Ferguson y. Wltsell, 5 Rich. Law (S. C.) 280, 57 Am. Dec. 744; McNitt v. Turner, 10 Wall. 361, 21 L. Ed. 341; Deshong v. Deshong, 180 Pa. 227, 40 Atl. 402, 65 Am. St. Rep. 855. Upon tlie introduction of the feudal 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 retains 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 our law, the word “seisin” has no accurately defined technical meaning. At common law, it imported a feudal investiture of title by actual possession. With us it has the force of possession under some legal title or right to hold. This possession, so far as possession alone is involved, may he 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. Carner. 40 Ala. 603. 10very 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 anv right, title, or interest in the inheritance. Code N. C. 1SS3,


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