DISSEISIN. A privation of seisin. A usurpation of the right of seisin and posses sion, and an exercise of such powers and privileges of ownership as to keep out or dis place him to whom these rightfully belong. 2 Washburn, Real Prop. 283.
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 de forcement, as well as by disseisin properly so called. Every dispossession is not a die seisin. A disseisin, properly so called, re quires an ouster of the freehold. A disseisin at election is not a disseisin in fact, 2 Pres ton, Abstr. tit. 279 et seq., but by admission only of the injured party, for the purpose of trying his right in a real action. Coke, Litt. 277 ; 2 Me. 242 ; 3 id. 316 ; 11 id. 809 ; 4 N. H. 371 ; 5 Cow. N. Y. 371 ; 6 Johns. N. Y. 197 ; 5 Pet. 402 ; 6 Pick. Mass. 172 ; 6 Mete.
Mass. 489 ; 4 Kent, Comm. 485.
Disseisin may be effected either in corpo real inheritances, or incorporeal. Disseisin of things corporeal, as of houses, lands, etc., 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 beredita ments cannot be an actual dispossession ; for the subject itself is neither capable of actual bodily possession nor dispossession. 3 Black stone, Comm. 169, 170. See 15 Mass. 495 ; 6 Pick. Mass. 172 ; 14 id. 374. 6 Johns. N.Y. 197 ; 2 Watts, Penn. 23 ; 1 Vt. 155 ; 10 Pet. 414; 11 id. 41 ; 1 Dan. Ky. 279 ; 11 Me. 408 ; 8 Viner, Abr. 79. 1 Swift, Dig. 504; 1 Cruise, Dig. *65 ; Archbold, Civ. Plead. 12; Bacon, Abr. ; 2 Suppl. to Yes. 343 ; Dane, Abr. Index ; 1 Chitty, Pract. 374, note (r).