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Se Isin

seisin, tenant, possession, law, title, mass, ed and intent

SE ISIN. The completion of the feudal in vestiture, by which the tenant was admitted into the feud and performed the rights of homage and fealty. Stearns, Real Act. 2 ; Mitchell, R. E. & Cony. 225.

Possession with an intent on the part_ of him who _boas it to liifreehold inter est. Towle v. Ayer, 8 N H. 58; 1 Washb. R. P. 35.

Ea vi termini, the whole legal title. Allen v. Allen, 48 Minn. 462, 51 N. W. 473.

"Seisin is a technical term to denote the completion of that investiture, by which the tenant was admitted into the tenure, and without which no freehold could be constitut ed or pass." 1 Burr. 110, per Lord Mansfield.

This definition is said to be more applica ble to the ceremony of livery of seisin than to seisin itself, while the definition of seisin as possession, does not lay sufficient stress on what is really the most important element in seisin—the element of title ; 12 L. Quart. Rev. 240.

It is said that seisin is of practical impor tance at the present day in England in those rare cases where land is conveyed by an in fant under the custom of gavelkind, and where a man claims an estate by curtesy. If feollments were abolished and the law of curtesy made similar to that of dower, seisin would be completely obsolete, as it is in all other respects ; 12 L. Quart. Rev. 246, 251.

Immediately upon the investiture or livery of seisin the tenant became 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 seisin, 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 selsin seems to have been occasionally practised. See 1 Washb. R. P. *344; Colony Laws (Mass.) 85, 86 ; Smith, Landl. & T. 6, n.

In Connecticut, Massachusetts, Pennsylvania, and Ohio, seisin means merely ownership, and the dis tinction between seisin in deed and in law is not known in practice ; Bush v. Bradley, 4 Day (Conn.) 305 ; Bates v. Norcross, 14 Pick. (Mass.) 224. A patent by the commonwealth, in Kentucky, gives a right of entry, but not actual selsin ; Speed v. Buford, 3 Bibb (Ky.) 67.

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. Cowell; Com. Dig. Seisin (A 1, 2).

If one enters upon an estate having title, the law presumes an intent in accordance, and requires no further proof of the intent; Means v. Welles, 12 Mete. (Mass.) 357; Barr

v. Gratz, 4 Wheat. (U. S.) 213, 4 L. Ed. 553 ; but if one enters without title, an intent to gain seisin must be shown; Bradstreet v. Huntington, 5 Pet. (U. S.) 402, 8 L. Ed. 170. Seisin once established is presumed to contin ue till the contrary is shown; Brown v. King, 5 Mete. (Mass.) 173. Seisin will not be lost by entry of a stranger if the owner remains in possession ; 1 Salk. 246; Hall v. Stevens, 9 Mete. (Mass.) 418. Entry by permission of the owner will never give seisin without open and unequivocal acts of disseisin known to the owner ; Clarke v. McClure, 10 Gratt. (Va.) 305 ; Hall v. Stevens, 9 Mete. (Mass.) 418. Simple entry by one having the free hold title is sufficient to regain seisin; Spaulding v. Warren, 25 Vt. 316; Ellicott v. Pearl, 10 Pet. (U. S.) 412, 9 L. Ed. 475. The heir is invested with the seisin by law upon descent of the title ; Green v. Chelsea, 24 Pick. (Mass.) 78: As a general proposition, by the law in this country, the making, deliv ery, and recording of a deed of lands passes the seisin without any formal entry being necessary. 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 dispens ing with any further act to pass a full and complete title ; 4 Greenl. Cruise, Dig. 45, n., 47, n.; Smith, Landl. & T. 6, n.; McKee's Lessee v. Pfout, 3 Dall. (II. S.) 489, 1 L. Ed. 690.

The seisin could never be in abeyance; 1 Prest. Est. 255 ; and this necessity gave rise to much of the difficult law in regard to es tates enjoyable in the future. See 1 Spence, Eq. Jur. 156.

A tenant for years had no seisin ; nor had a remainderman. It was a fundamental principle that seisin could not be in abey ance ; there must always be a feudal repre sentative of any piece of land ; Jenks, Mod. Land L. 95. The statute of uses (q. v.) en tirely changed the meaning of the word "sei sln." Before the statute seisin had been ex clusively a state of fact—the condition of the person actually possessed, by himself or his tenant for years as feudal owner. But it then came to signify the state of the per son entitled to possession and to be treated as in possession by the statute of uses; Jenks, Mod. Land L. 110.

the seisin of chattels, see 29 L. Q. R.' 383; and see the "Mystery of Seisin" by Maitland in 3 Sel. Essays in Anglo-Amer. L. H. 591.