Blacks Law Dict. 1st ed

377

DISSOLUTION

DISPUTATIO FORI

DISPUTATIO FORI. In the civil law. Discussion or argument before a court. Mackeld. Rom. Law, § 38; Dig. 1, 2, 2, 5. DISRATIONARE, or DIRATIONA RE. To justify; to clear one's self of a fault; to traverse an indictment; to disprove. Enc. Lond. DISSASINA. In old Scotch law. Dis seisin; dispossession. Skene. DISSECTION. The anatomical examina tion of a dead body. DISSEISE. To dispossess; to deprive. DISSEISEE. One who is wrongfully put out of possession of his lands; one who is dis seised. DISSEISIN. Dispossession; a depriva tion of possession; a pi nation 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. 3 Washb. Real Prop. 125. It is a wrongful putting out of him that is seised of the fieehold, not, as in abatement or intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. It is an ouster from a freehold in deed, as abatement and intrusion are ousters in law. 3 Steph. Comm. 886. When one man invades the possession of another, and by force or surprise turns him out of the occu pation of his lands, this is termed a "disseisin," being a deprivation of that actual seisin or corpo ral possession of the freehold which the tenant be fore enjoyed. In other words, a disseisin is said to be when one enters intending to usurp the pos session, and to oust another from the freehold To constitute an entry a disseisin, there must be an ouster of the freehold, either by taking the profits or by claiming the inheritance. Brown According to the modern authorities, there seems to be no legal difference between the words "seisin" and "possession," although there is a dif ference between the word3 "disseisin" and "dis possession;" the former meaning an estate gained by wrong and injury, whereas the latter may be by right or by wrong; the former denoting an ouster of the disseisee, or some act equivalent to it, whereas by the latter no such act is implied. 6 Mete. (Mass.) 439. Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of land, e. g., of the rents and profits. 2 Meiiv. 171; 2 Jac. & W. 166. Disseisin by election is where a person al leges or admits himself to be disseised when be has not really been so.

Disseisinam satis facit, qui uti non permittit possessorem, vel minus com mode, licet omnino non expellat. Co. Litt. 331. He makes disseisin enough who does not permit the possessor to enjoy, or makes liis enjoyment less beneficial, although he does not expel him altogether. DISSEISITRIX. A female disseisor; a disseisoress. Fleta, lib. 4, c. 12, § 4. DISSEISOR. One who puts another out of the possession of his lands wrongfully. DISSEISORESS. A woman who un lawfully puts another out of his land. DISSENT. Contrariety of opinion; re fusal to agree with something already stated or adjudged or to an act previously per formed. The term is most commonly used in Amer ican law to denote the explicit disagreement of one or more judges of a court with the de cision passed by the majority upon a case before them. In such event, the non-concur ring judge is reported as "dissenting," and sometimes files a "dissenting opinion." DISSENTERS. Protpstant seceders from the established church of England. They are of many denominations, principally Presby terians, Independents, Methodist3, and Bap tists; but, as to church government, the Baptists are Independents. DISSENTING OPINION. The opin ion in which a judge announces his dissent from the conclusions held by the majority of the court, and expounds his own views. DISSIGNARE. In old law. To break open a seal. Whishaw. Dissimilium dissimilis est ratio. Co. Litt. 191. Of dissimilars the rule is dissim ilar. Dissimulatione tollitur injuria. An injury is extinguished by the forgiveness or reconcilement of the party injured. Ersk. Inst. 4, 4, 108. DISSOLUTION. In contracts. The dissolution of a contract is the cancellation or abrogation of it by the parties themselves, with the effect of annulling the binding force of the agreement, and restoring each party to his original rights. In this sense it is frequently used in the phrase "dissolution of a partnership " Of corporations. The dissolution of a corporation is the termination of its existence as a body politic. This may take place in

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