Page:Black's Law Dictionary (Second Edition).djvu/387

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DISRATIONARE

DISRATIONARE, or DIRATIONARE.

To justify; to clear nne's self at a fault; to lrziverse an indictment: to disprove. Enc. Land.

DISSASINA. In old Scotch law. Disseisiii: dispossession. Skene.

DISSECTION. The anatomical exai.ni.ua-

iiun of a (lead body by cutting into pieces or exscinding one or more parts or organs. W: hie v. Au.-ident Ass‘n. 11 Misc. Rep. 36, 31 \'. Y Supil. S65; Sudiiuth v. Insurance ('0. (C. C.) 106 Fed. 822; Rhodes v. Brandt, 21 Run (N. Y.) 3.

DXSSEISE. To disrossess; to deprive.

DISSEISEE. one who is wrougfnilv put ont of possession of his lands; one who is disseised.

DISSEISIN. Dlspnssi-ssiou; a depriva- [ion of imssessiou; xi nrixation of seislnz a usurpation of the right of seisin and posses- SIDD, and an exercise of such powers and privileges of ownership as to keep out or displace him to whom these rightfully belong. 3 W ishh. Real Prop. 125; Proi-st v. Trustees, I29 U. S. 182. 9 Sup. Ct. 203. 32 L. Ed. (542; Hand v. 0'G-ara, 177 Mass. 139. 58 N. E. 275, 83 Am. St. Rep. 265: Moody v. P‘iaiuiiig_ 4 Ga. 115, 48 Am. Dec. 2 0; Ciapp v. Brommham. 9 Cow. (N. Y.) , Wash- hiirn v. Cutter, 1’? Minn. 368 (Gil. 335 .

It is it wrongful putting out of him that is seiscd of the freehold, not, as in aliatciiimrt or intrusion, a wrongful entry, where the possession was vacant, but an attack upon hiiu who is in actual possession, and turning him out It is an ouster froin a freehold in deed, as abatement and intrusion are ousters in law. 3 Steph. Comm. 386

When one man invades the_ possession of an- other, and by force or surprise turns him out of the occupation of his lands_ this is termed ii. "disscisin," being a deprivation of that actual scisin or corporal iiijossession of the freehold which th t nant efnre enjoyed. In other

- ('lSiIl is said to be when one enters intending io usurp the possession, and to oust nnothcr frnrn the freeliolil. To constitute an entry :1 dis-scisin_ there must he an ouster of the freehold. either hi} taking the -profits or by claiming the inht.-ritance I~‘.i'own.

.\cL-oriling to the modern authorities, there seems to be no legal dilfcrence hotviern the cisin" and “posscssion." nltlioiiizh there is a flitference between the words "disseisin" and "dispnssiassio the former meaning an estate gained by wrong and injury, win-ress the latter may be by right or by wrong; the former denoting an ouster of the (lisscisee, or some not PQllliRiPl.It to it, whernns by the latter no such not is imnlied. Slater v. RBWSOfl_ 6 Metc. lltisissl 439.

Equitable disseisin is where a person is wrongfully d(i1')l'iVDd of the equitable seisin of land. is. 17., of the rents and profits. 2 Merit’. 111: 2 Jae. & W. 1116.

Dlsseisin by election is where a person alir,-as or admits himself to be tljsseised when he has not really been so.


379

DISSOLUTION

Dinseisinnm satin facit. qni ntl non per-mittit pnssensorem, vel minus oom- mode, licet omnino non expcllat. C0. Litt. 381. He makes disseisin enough who does not permit the possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether.

DISSEISITRIX. A teniaie disseisor: a disseisoress. l<‘leta, lib. 4, c. 12, § -1.

DISSEISOE. one who puts another out of the possession of his lands wrongfully.

DISSEISORESS. A woman who unlaw- fully nuts another out of his land.

DISSENSUS. Lat. In the Cilii law. The mutual agieenielit of the parties to a simple contract ohiigation that it shall be dissolved or annulled; technically, an undoing of the E(J1iSG'iLSil8 “'iii('il cieated the obligation. Mackeid. Rom. Law, 5 541.

DISSENT. Contrariety of opinion: refusai to :i_.'i'ee with something already stated or ildjlldged or to an act previously performed.

The term is most commonly used in American law to denote the eY])il(‘it diSilf:i‘(‘EI.D€‘nC of one or more judges of a court with the decision [iassei] by the majority upon a (use before them. In such event, the non-concurring judge is reported as "dissenting." —Disnenti:Lg opinion. The opinion in which

ll. jiid_-ze announces his dissent [mm the conclu-

sions held by the majority of the court, and

elrpounds hi own views.

DISSENTERS. Protestant sec-eders from the estiihiished church of England. They are of n.i.-iny denominations. pi'iii(-ipally Presby- terians, Independents. ‘.\iethodists, and Baptists; but, as to church government, the Baptists are Independents.

DISSIGNARE. In old law. To break open a seal. Whishaw.

Dissimilfinm dissiniilin 2:1: ratio. CD Lilt. 191, or disaimiiars the rule is dissimilzlf.

Disshnulatione tollitnr injux-iii. An injury is extinguished by the forgiveness or roconciielnent of the party injured. Ersk. Inst. 4, 4, 103.

DISSOLUTION. In contracts. The dissolution of 8 contract is the criuodiitmn or abrogation of it by the parties theniseives. with the effect of annniling the hluding force of the agreoinent, and restoring e‘i(‘il party to his original rights. In this sense it is frequently used in the phrase "iiissoliiti-in of a 1')art‘nershi1i." Willistun v. Camp, 9 Mont. 88. 22 Pan. 501.

Of corporations. The dissuiiition of a corporation is the termination of its exist-

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