disseisin


Also found in: Dictionary, Financial.
Related to disseisin: disseizin

disseisin

noun arrogation, assuming ownership, attachment, capture, commandeering, compulsory acquisiiion, confiscation, deprivation, deprivation of possession, disendowment, displacement of rightful owner, dispossession, distraint, distress, divestment, exclusion of entitled owner, expropriation, forcible seizure, foreclosure, ouster, prehension, privation of seisin, seizure, taking, taking possession, taking without compensation, wrongful dispossession
Associated concepts: adverse possession, disseisin by election
See also: appropriation, distress, expropriation, taking

disseisin

the act of disseising or state of being disseised.

DISSEISIN, torts. The privation of seisin. It takes the seisin or estate from one man and places it in another. It is an ouster of the rightful owner from the seisin or estate in the land, and the commencement of a new estate in the wrong doer. It may be by abatement, intrusion, discontinuance, or deforcement, as well as by disseisin, properly so called. Every dispossession is not a disseisin. A disseisin, properly so called, requires an ouster of the freehold. A disseisin at election is not a disseisin in fact; 2 Prest. Abs. tit. 279, et seq.; but by admission only of the injured party, for the purpose of trying his right in a real action. Co. Litt. 277; 3 Greenl. 316; 4 N. H. Rep. 371; 5 Cowen, 371; 6 John. 197; 2 Fairf. 309, 2 Greenl. 242; 5 Pet. 402; 6 Pick. 172.
     2. Disseisin may be effected either in corporeal inheritances, or incorporeal. Disseisin of things corporeal, as of houses, lands, &c., must be by entry and actual dispossession of the freehold; as if a man enters, by force or fraud, into the house of another, and turns, or at least, keeps him or his servants out of possession. Disseisin of incorporeal hereditaments cannot be an actual dispossession, for the subject itself is neither capable of actual bodily possession nor dispossession. 3 B1. Com. 169, 170. See 15 Mass. 495 6 John. R. 197; 2 Watts, 23; 6 Pick. 172 1 Verm. 155; 11 Pet. R. 41; 10 Pet. R. 414; 14 Pick. 374; 1 Dana's R. 279; 2 Fairf. 408; 11 Pick. 193; 8 Pick. 172; 8 Vin. Ab. 79; 1 Swift's Dig. 504; 1 Cruise, *65; Arch. Civ. Pl. 12; Bac. Ab. h.t.; 2 Supp. to Ves. Jr. 343; Dane's Ab. Index, h.t.; 1 Chit. Pr. 374, note (r.)

References in periodicals archive ?
Example of the first; his Action was mean, betwixt the Disseisin made to him and his recovery; that is, in the interim.
For similar views in early American scholarship, see James Barr Ames, Disseisin of Chattels, 3 HARV.
2006), which explains that "the thirty-ninth clause [of the Magna Carta] was intended to lay stress not so much on any particular form of trial as on the necessity for protection against the arbitrary acts of imprisonment, disseisin, and outlawry in which King John had indulged.