OUSTER (L. Fr. outre, oultre; Lat. ultra, beyond). Out ; beyond; besides; farther ; also; over and more. Le ouster, the upper most.. Over: respondeat ouster, let him an swer over. Britton, c. 29. Ouster le mer, over the sea. Jacob, L. Dict. Ouster eit, he went away. 6 Co. 41 b; 9 id. 120.
To put out; to oust. Il oust, he put •out or ousted. ,Oustes, ousted. 6 Co. 41 b.
In Torts. The actual turning out or keep ing excluded the party entitled to possession of any real property corporeal.
It is the wrongful dispossession or exclu sion from real property of a party entitled to the possession thereof ; ouster of one co tenant by another is produced by the some acts as any other ouster; Winterburn v. Chambers, 91 Cal. 170, 27 Pac. 658.
An ouster can properly be only from real property corporeal, and cannot be commit ted of anything movable; 1 C. & P. 123; 1 Chitty, Pr. 148; nor is a mere temporary
trespass considered as an ouster. Any con tinuing act of exclusion from the enjoyment constitutes an ouster, even by one tenant in common of his co-tenant; Co. Litt. 199 b, 200 a. See 3 Bla. Cora. 167 ; Webb, Poll. Torts 447; 1 Chitty, Pr. 374, where the reme dies for an ouster are pointed out. A de of possession by a tenant in common from his co-tenant, and refusal by the latter, constitutes an ouster from the joint posses sion ; Jordan v. Surghnor, 107 Mo. 520, 17 S. W. 1009. In an action of quo u;arranto, the judgment rendered, if against an officer or individuals, is called judgment of ouster; if against a corporation by its corporate name, it is ouster and seizure. See JUDG MENT ; RESPONDEAT OUSTER ; 2 Crabb, R. P.
§ 2454 a; Washb. R. P.