The Tender For Law

Volume 8

Nov 01, 2014 5:48 PM

Thyra Gudmundson Cox

Seisin. French scisin, to make to possess or to sit upon. The possession of land under a claim, either express or implied by law, of an estate amounting at least to a freehold. Towle v. Ayer, 8 N.H. 59 (1835). See Seisina below. 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. Cook v. Hammond, 4 Mass. 488 (1827). Disseisee. A freeholder of land ejected by another from his possession of an estate or freehold. Disseisin. Ouster or deprivation of a freehold. A wrongful putting of him out of that is seised of a freehold, - is in actual possession. 3 Bl. Com. 169. 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. 2 Bl. Com 195; 5 Conn. 257, 518; 58 Ill. 589; 56 Me. 268; 2 Wend. 166. Disseisor. A person who intrudes and ejects another from his possession of an estate or freehold. Livery of seisin. Pure feudal investiture or delivery of corporal possession of land or of a tenement. 2 Bl. Com 311. Seisin in deed. A possession in fact by one having or claiming a freehold interest. Seisin in law. The right of immediate possession. Constructive seisin. The equivalent of a seisin in deed. Jenkins v. Fahey, 73 N.Y. 362 (1878); Hart v. Dean, 2 MacAr. 63 (1875). Seisina. Latin. Actual possession of an estate of freehold; seisin, q.v. Habere facias seisinam. That you cause to obtain seisin. The emphatic words of a writ of execution by which the sheriff delivered possession of a freehold to the demandant. 3 Bl. Com. 412; id. 359. Seisina facit stipitem. Seisin makes the stock. Actual seisin formerly made a person the root or stock from which inheritance by blood was derived. 2 Bl. Com. 209.