Page:Black's Law Dictionary (Second Edition).djvu/1076

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SEISI

the subject is incorporeni, or the estate expectant on a precedent t'reehold_ the Words “in his demesne" are omitted. (00. Litt. 17a; Fleta, l. 5, c. 5, § 13; Bract. l. 4, Li‘. 5, c. 2, § 2.) Brown.

SEISI. sessed.

In old English law. Seised; pos-

Sl-IISIN. The completion of the feudal lore-=tJtnre, by which the tenant was admitted into the feud, and performed the rights of l.mma_ze and teaitv. Stearus. Real Act. 2.

Possession with an intent on the part of him who holds it to claim a freehold interest. Towie v. Ayer, 8 N. H. 58: Fergilson v. “ tsell. 5 Rich. Izuv (S. C.) 2st), 57 All). Doc. 74-1: McNitt v. Turner. 16 Wall. 361. 21 L. Ed. 34]; Deshong v. Deshoug. 186 Pa. 227, 40 At]. 402. 65 Am. St. Rep. 855.

Upon the introduction of the feudal law into England, the word “scisin" was applied only to the possession of an estate of Lreehold. in contrarlistinrtion to that precarious kind of possession by which tenants in villninage held their lands, which was conslrlrrerl to be the possnssion of those in whom the frr-ohold continued. The word still retains its original signification, being applied exclusively to the posse sion of iand of u freehold tenure, it being inncnlrste to use the Word as expressive of the possession of ieaseholds or terms of years, or even of copy- holris. Brown.

Under our law, the word "seisin" has no accu- rately defined technical meaning. At common law. it imported a feudal investiture of tltie by actual possession. With us it has the force of possession under some legal title or right to hold. This possession. so far as posse slon alone is involved, may be shown ‘by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conrrvanr.;3e0;or that purpose. Ford v.

Garner. 49 Ala Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seiscrl, if he may have had any right. title, or interest in the inheritance. Code N. C. IRS3. § 1281, rule 12. —Actnnl seisin means possession of the free- hold by the pcdfn positio of onrfs self or one’: tenant or agent, or by construction of law, as in the case of a state grant or a conveyance under the statutes of uses, or (pr0l)alJl_\') of grant or devise where there is no actu 1 ad session: it means actual poss guished from constructive -posses on or no session in law. Carpcntrr v. Garrett. 75 \'a. 1 I35: Carr v. Anrlorson, 6 App. Di 6, 3.‘) N. Y. Supp. 74fi.-—-Constructive seis . Sci n in law whers there is no scisiu in fact; as where the state issues a patent ['0 a person who never takes any sort of possession of the lands granted, he has constructive st-isin of all the iand in his grunt. though another person is at the time in actual possession. Garrett v. Ram- sey. 26 W. Va. 35‘l.—Coveua.nt of se‘ ' . See C0vENAN'r.-—Eqnitnble seisin. A soisin which is analogous to legal seisin: that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seism of the land by receipt of the rents. of seisin. Delivery of pos sion; called, by the f\‘l.i(iiSt.B, “inv¢=~stiture."—P1-imer seisin. In English law. The right which the king had. when ant; of his tenants died seised of a knighfs ee. to receive of the heir, provided he were of full 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 revefiian, expectant on an estate for life. 2

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S wect.—Livex-y

1068


SEiZURE

Bl. Comm. 66.—Qunsi soiain. Ate .. to the possession which a l:0pVh0l(l(‘i' land to which he has been udminc hold in copyhold lands being copyholder cannot huve soisin of proper sense of the word, but he ipt nry or qu i sr in analogous to that holder. Williams. . 1'_ ; S in deed. Actual - -ssxon ofit: the same as actua 34- ' " Vnnrlerheyden v. Crandail ‘7 D Ba l’us v. McCoy. 3 Ohio, ""

Tate v Jay, 31 Ark on — fact. Posse. ion with intent on Ila him who hold '

“L \-'n. 77, 24 S. L, ‘)9! 19 Or. 112, 23 Puc. E90 —Sei in in law. ,. so a according to the nurure of lilnrnn v. Trail, 142 Mo. .- Sarage v. Savage, 19 Or. 112. 23

Am. St_ Rep: 795. As the old d Izoroal Invcstiture is no longer in for‘ ivery of u doerl gives scisin in law. 17. 2\'u_:en 118 Ga. 372, 45 S. . 2. In .\ trh law. Aperquis e or to the sheriff when he gave po holding crown lands. It I-we lung », verted into a payment in money, propu to the value of the estate. Bell.


SEISINA. L. Lat. Seisln.

Seisina. facit ltipitem. Eelsln m the stock. 2 Bl. Cou.u:u. 209; Broom, 525, 528.

SEISINA HABENDA. A writ for 1‘ livery of seisin to the lord, of lands and enients, after the sovereign, in right ui prerogative, had bad the rear, day. naste on a felony committed, etc. I: Orig. 165.

SEIZIN. See Ssrsnv.

SEIZING O1" HEFJOTS. Tulilng th best beast, etc, where an heriot is due. the death of the tennnt. 2 Bl. Comm. 421

SEIZURE. In practice. The art per formed by an officer of the law. under i authority and exigeuce of a writ. i.u . into the custody of the law the Turn real or personal, of a person against K i the ju(i'_'1ueut of a competent court has ed. Connietuning him to pay a certain sum money. in order that such property m-V sold, by authority and due course of law. satisfy the judgxneut Or the not of oil‘ possession of goods in consequence of :1 lb- iatiou of public law. See Carey v. insurnnce Co.,, 8-} “'15. S0_ 54 N. W. 18. 20 L. 11. A. 267. 36 Am. St Rep. 907: Gouhoau v. Raili'0.'1d Co., 6 Rob. (La.) 348: Filter Billiard, 2 La. Ann 338; Peiham r. Ila‘ 9 Wall. 100, ]9 L. Fd. 602: The Jonia ’ gunda. 10 Wile-it. 326, 6 L. Ed. 329.

Seizure. even though hostile. is not nectfi capture, thou,-zh sueh is its usual nnd 13 result. The ultimate act or alljuchcaiion or state, by which the seizure hns hi-en made, assigns the proper and conclusive quality and rlen nomination to the original proreednzg. A cup-

demnntion asserLs a capture all iiiitio; an award