Blacks Law Dict. 1st ed

SEIGNIORESS

1075

SEIZURE

title, or interest in the inheritance. Code N. C. 1883, $ 1281, rule 12. 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 im mediate possession according to the nature of the estate. 1 Washb. Real Prop. 33, 34. Seisin is of two kinds: Seisin in law arises when the grantor of real estate gives the right of present possession to the grantee; seisin in deed is the act ual possession of freehold estate. 2 MacArthur, 60. Quasi seisin. Quasi seisin is the posses sion which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copy holder cannot have seisin of them in the proper sense of the word, but he has a cus tomary or quasi seisin, analogous to that of a freeholder. Williams, Seis. 126; Sweet. Equitable seisin. Equitable seisin is analogous to legal seisin; i. e., it is seisin of an equitable estate in land. Thus, a mort gagor is said to have equitable seisin of the land by receipt of the rents. Sweet. SEISIN, LIVERY OP. Delivery of possession; called, by the feudists, "investi ture." SEISIN OX. In Scotch law. A perqui site formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since converted into a payment in money, proportioned to the value of the estate. Bell. SEISINA. L. Lat. Seisin. Seisinafacit stipitem. Seisin makes the stock. 2 Bl. Comm. 209; Broom, Max. 525. 528. SEISINA HABENDA. A writ for de livery of seisin to the lord, of lands and ten ements, after the sovereign, in right of his prerogative, had had the year, day, and waste on a felony committed, etc. Reg Orig. 165. SEIZIN. See SEISIN. SEIZING OP HERIOTS. Taking the best beast, eto., where an heriot is due, on the death of the tenant. 2 Bl. Comm. 422. SEIZURE. In practice. The act per formed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has passed, condemning him to pay a certain sum of money, in order that such property may be

gold and silver, brought in the mass to be ex changed for coin, is claimed. Cowell. Mint age; the charge for coining bullion into mon ey at the mint. SEIGNIORESS. A female superior. SEIGNIORY. In English law. A lord ship; a manor. The rights of a lord, as such, in lands. SEISED IN DEMESNE AS OP FEE. This is the strict technical expression used to describe the ownership in "an estate in fee simple in possession in a corporeal heredita ment." The word "seised" is used to ex press the "seisin" or owner's possession of a freehold property; the phrase "in demesne," or "in his demesne," (in dominico suo) signi fies that he is seised as owner of the land itself, and not merely of the seigniory or serv ices; and the concluding words, "as of fee," import that he is seised of an estate of in heritance in fee-simple. Where the sub ject is incorporeal, or the estate expectant on a precedent freehold, the words "in his de mesne" are omitted. (Co. Litt. 17a; Fleta, 1. 5, c. 5, § 18; Bract. 1. 4, tr. 5, c. 2, § 2.) Brown. SEISI. In old English law. Seised; pos sessed. SEISIN. The completion of the feudal investiture, by which the tenant was admit ted into the feud, and performed the rights of homage and fealty. Stearns, Real Act. 2. Possession with an intent on the part of him who holds it to claim a freehold interest. 8N. H. 58; 1 Washb. Real Prop. 35. UpoQ the introduction of the feudal law into Eng land, the word "seisin" was applied only to the possession of an estate of freehold, in contradis tinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the possession of those in whom the freehold continued. The word still re tains its original signification, being applied ex clusively to the possession of land of a freehold tenure, it being inaccurate to use the word as ex pressive of the possession of leaseholds or terms of years, or even of copyholds. Brown. Under our law, the word "seisin" has no accu rately defined technical meaning. At common law, it imported a feudal investiture of title by act ual possession. With us it has the force of posses sion under some legal title or right to hold. This possession, so far as possession alone is involved, may be shown by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conveyance for that pur pose. 49 Ala. 603. Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seised, if he may have had any right,

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