SEISIN. The completion of the feudal investiture, by which the tenant was admitted into the feud and performed the rites of ho mage and fealty. Stearns, Real Act. 2.
Possession with an intent on the part of him who holds it to claim a freehold interest. 8 N. H. 58 ; 1 Washburn, Real Prop. 35.
Immediately upon the investiture or livery of seism the tenant beoame tenant of the freehold; and the term seisin originally contained the idea of possession derived from a superior lord of whom the tenant held. There could be but one seizin, and the person holding it was regarded for the time as the rightful owner. Littleton, 701 ; 1 Spence, Eq. Jur. 136. In the early history of the country, livery of eeiein seems to have been occasionally practised. See 1 Washburn, Real Prop. 34, n.; Colony Laws (Mass.), 85, 86; Smith, Landl. & T Morris ed. 6, n.
In Connecticut, Massachusetts, Pennsylvania, and Ohio, seisin means merely ownership, and th• distinotion between seisin in deed and in law is not known in practice. Walker, Am. Law, 324, 330; Day, Conn. 305 ; 4 Mass. 489; 14 Piok. Mass. 224; 6 Mete. Mass. 439. A patent by the common wealth, in Kentucky, gives a right of entry, but act actual seisin. 3 Bibb, Ky. 57.
Seisin in fact is possession with intent on the part of him who holds it to claim a free hold interest.
Seisin in law is a right of immediate pos session according to the nature of the estate. Cowel ; Comyns, Dig. Seisin (A 1, 2).
2. Hone enters upon an estate having title, the law presumes an intent in accordance, and requires no further proof of the intent, 12 Meth. Mass. 357 ; 4 Wheat. 213 ; 8 Cranch, 229 ; but if one enters without title, an intent to gain seisiu muet be shown. 5 Pet. 402 ;
9 id. 52. Seisin once established is pre sumed to continue till the contrary is shown. 5 Metc. Mass. 173. Seisin will not be lost by entry of a stranger if the owner remains in possession. 1 Salk. 246 ; 9 Mete. Mass. 418. Entry by.permission of the owner will never give seism without open and unequi vocal acts of disseisin known to the owner.
10 Gratt. Va. 305 ; 9 Metc. Ma,ss. 418. Simple entry by one having the freehold title is suffi cient to regain seism. Stearns, Real Act. 44 ; 4 Mass. 416 ; 25 Vt. 316 ; 10 Pet. 412 ; 8 Cranch, 247. The heir is invested with the seisin by law upon descent of the title. 24 Pick. Mass. 78. As a general proposition by the law in this country, the making, deli very, and recording of a deed of lands.passes the seisin without any forms] entry being ne cessary. This is generally by force of the statutes of the several states,—in some such a deed being in terms declared to be equiva lent to livery of seisin, and in others dis pensing with any further act to pass a full and complete title. 4 Greenleaf, Cruise, Dig. 45, n., 47, n. ; Smith, Landl. & T. Am. ed. 6, n. ; 3 Dall. Penn. 489.
3. The seisin could never be in abeyance, 1 Atkinson, Cony. 11 ; 1 Preston, Est. 255; and this necessity gave rise to much of the difficult law in regard to estates enjoyable in the future. See 1 Spence, Eq. Jur. 156 ; 2 Flintoff, Real Prop. 258.
Consult Smith, Landl. & T. Am. ed. ; Green leaf, Cruise ; Stearns, Real Act.; and espe cially Washburn on Real Prop., from which . . . • this article is mainly taken.