| slovo | definícia |
seisin
(encz) | seisin,neomezená držba nemovitosti Zdeněk Brož |
Seisin
(gcide) | Seisin \Sei"sin\, n.
See Seizin. --Spenser.
[1913 Webster] Seismic |
SEISIN
(bouvier) | SEISIN, estates. The possession of an estate of freehold. 8 N. H. Rep. 57; 3
Hamm. 220; 8 Litt. 134; 4 Mass. 408. Seisin was used in contradistinction to
that precarious kind of possession by which tenants in villenage held their
lands, which was considered to be the possession of their lords in, whom the
freehold continued.
2. Seisin is either in fact or in law.
3. Where a freehold estate is conveyed to a person by feoffment, with
livery of seisin, or by any of those conveyances which derive their effect
from the statute of uses, he acquires a seisin in deed or in fact, and a
freehold in deed: but where the freehold comes to a person by act of law, as
by descent, he only acquires a seisin in law, that is, a right of
possession, and his estate is called a freehold In law.
4. The seisin in law, which the heir acquires on the death of his
ancestor, May be defeated by the entry of a stranger, claiming a right to
the land, which is called an abatement. (q.v.)
5. The actual seisin of an estate may be lost by the forcible entry of
a stranger who thereby ousts or dispossesses the owner this act is called a
disseisin. (q.v.)
6. According to Lord Mansfield, the various alterations which have been
made in the law for the last three centuries, "have left us but the name of
feoffment, seisin, tenure, and, freeholder, without any precise knowledge of
the thing originally signified by these sounds."
7. In the United States, a conveyance by deed executed and
acknowledged, and properly recorded according to law, and the descent cast
upon the heir are, in general, considered as a seisin in deed without entry;
and a grant by letters-patent from the commonwealth has the same effect. 4
Mass. R. 546; 7 Mass. R. 494; 15. Mass. R. 214 1 Munf. R. 17O. The recording
of a deed is equivalent to livery of seisin. 4 Mass. 546.
8. In Pennsylvania, Connecticut, Massachusetts and Ohio, seisin means
merely, ownership, and the distinction between seisin in deed and in law is
not known in practice. Walk. Intr. 324, 330; 1 Hill. Abr. 24 4 Day, R. 305;
4 Mass.; R. 489 14 Pick. R. 224. A patent by the commonwealth, in Kentucky,
gives a, right entry, but not actual seisin. 3 Bibb, Rep. 57. Vide 1 Inst.
31; 19 Vin. Ab. 306; Dane's Abr. c. 104, a. 3; 4 Kent, Com. 2, 381; Cruise's
Dig. t. 1, Sec. 23; Toull. Dr. Civ. Fr. liv. 3, t. 1, c. 1, n. 80; Poth.
Traite des Fiefs, part 1, c. 2; 3 Sumn. R. 170. Vide Livery of Seisin.
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| | podobné slovo | definícia |
seisin
(encz) | seisin,neomezená držba nemovitosti Zdeněk Brož |
disseisin
(gcide) | Disseizin \Dis*sei"zin\, n. [OF. dessaisine.] (Law)
The act of disseizing; an unlawful dispossessing and ouster
of a person actually seized of the freehold. [Written also
disseisin.] --Blackstone.
[1913 Webster] |
Seisin
(gcide) | Seisin \Sei"sin\, n.
See Seizin. --Spenser.
[1913 Webster] Seismic |
DARREIN SEISIN
(bouvier) | DARREIN SEISIN. The name of a plea to a writ of entry or a writ of right. 3
Met. 175.
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DISSEISIN
(bouvier) | 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.)
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HABERE FACIAS SEISINAM
(bouvier) | HABERE FACIAS SEISINAM, practice, remedies. The name of a writ of execution,
used in most real actions, by which the sheriff is directed that he cause
the demandant to have seisin of the lands which he has recovered. 3 Bouv.
Inst. n. 3374.
2. This writ may be taken out at any time within a year and day after
judgment. It is to be executed nearly in the same manner as the writ of
habere facias possessionem, and, for this purpose, the officer may break
open the outer door of a house to deliver seisin to the demandant. 5 Co. 91
b; Com. Dig. Execution, E; Wats. Off. of Sheriff, 238. The name of this writ
is abbreviated hab. fac. seis. Vide Bingh. on Exec. 115, 252; Bac. Ab. h.t.
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LIVERY OF SEISIN
(bouvier) | LIVERY OF SEISIN, estates. A delivery of possession of lands, tenements, and
hereditaments, unto one entitled to the same. This was a ceremony used in
the common law for the conveyance of real estate; and the livery was in
deed, which was performed by the feoffor and the feoffee going upon the
land, and the latter receiving it from the former; or in law, where the game
was not made on the land, but in sight of it. 2 Bl. Com. 315, 316.
2. In most of the states, livery of seisin is unnecessary, it having
been dispensed with either by express law or by usage. The recording of the
deed has the same effect. In Maryland, however, it seems that a deed cannot
operate as a feoffment, without livery of seisin. 5 Harr. & John. 158. Vide
4 Kent, Com. 381 2 Hill, Ab. c. 26, s. 4; 1 Misso. R. 553; 1 Pet. R. 508; 1
Bay's R. 107; 5 Har. & John. 158; Fairf. R. 318; Dane's Abridgment, h.t.;
and the article Seisin.
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NUL DISSEISIN
(bouvier) | NUL DISSEISIN, pleading. No disseisin. A plea in a real action, by which the
defendant denies that there was any disseisin it is a species of the general
issue.
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POST DISSEISIN
(bouvier) | POST DISSEISIN, Eng. law. The name of a writ which, lies for him who, having
recovered lands and tenements by force of a novel disseisin, is again
disseised by a former disseisor. Jacob.
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PRIMER SEISIN
(bouvier) | PRIMER SEISIN, Eng. law. The right which the king had, when any of his
tenants died seised of a knight's fee, to receive of the heir, provided he
were of fall age, one whole year's profits of the lands, if they were in
immediate possession; and half a year's profits, if the lands were in
reversion, expectant on an estate for life. 2 Bl. Com. 66.
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