KFLCC Kingdom Law 2nd Ed.

1068

SEISI

SEIZURE

the subject Is incorporeal, or the estate ex pectant on a precedent freehold, the words 'In his demesne" are omitted. (Co. Ldtt 17a; Fleta, 1. 5, c. 5, $ 18; Bract. L 4, tr. 5, c. 2, § 2.) Brown.

Bl. Comm. 66.—Quasi seisin. A term applied to the possession which a copyholder has of the land to which he has been admitted. The free hold in copyhold lands being in the lord, the copyholder cannot have seisin of them in the proper sense of the word, but he has a custom ary or quasi seisin analogous to that of a free holder. Williams, Seis. 126; Sweet—Seisin in deed. Actual possession of the freehold; the same as actual seisin or seisin in fact. Vanderheyden v. Crandall, 2 Denio (N. Y.) 21; Backus v. McCoy, 3 Ohio, 221. 17 Am. Dec. 585; Tate v. Jay, 31 Ark. 579.—Seisin in fact. Possession with intent on the .part of him who holds it to claim a freehold interest; the same as actual seisin. Seim v. CGrady, 42 W. Va. 77, 24 S. E. 994; Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795. —Seisin in law. A right of immediate pos session according to the nature of the estate. Martin v. Trail, 142 Mo. 85, 43 S. W. 655: Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795. As the old doctrine of cor poreal investiture is no longer in force, the de livery of a deed gives seisin in law. Watkins v. Nugen, 118 Ga. 372, 45 S. E. 262.—Seisin ox. In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since con verted into a payment in money, proportioned to the value of the estate. Bell. Seisina facit 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. SEIZING OF HEBIOTS. Taking the best beast, etc., 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 pass ed, condemning him to pay a certain sum of money, in order that such property may be sold, by authority and due course of law, to satisfy the judgment. Or the act of taking possession of goods in consequence of a vio lation of public law. See Carey v. Insur ance Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Goubeau v. Railroad Co., 6 Rob. (La.) 348; Fluker v. Bullard, 2 La. Ann. 338; Pelham v. Rose, 9 Wall. 106, 19 L. Ed. 602; The Josef a Se gunda, 10 Wheat. 326, 6 L. Ed. 329. Seizure, even though hostile, is not necessarily capture, though such is its usual and probable result. The ultimate act or adjudication of the state, by which the seizure has been made, as signs the proper and conclusive quality and de nomination to the original proceeding. A con demnation asserts a capture ci initio j an award SEISINA. L. Lat Seisin. SEIZIN. See SEISIN.

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 £he part of him who holds it to claim a freehold inter est Towle v. Ayer, 8 N. H. 58; Ferguson v. Witsell, 5 Rich. Law (S. C.) 280, 57 Am. Dec. 744; McNitt v. Turner, 16 Wall. 361, 21 L. Ed. 341; Deshong v. Deshong, 186 Pa. 227, 40 Atl. 402, 65 Am. St. Rep. 855. Upon the introduction of the feudal law into England, the word "seisin" was applied only to the possession of an estate of freehold, in contradistinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the pos session of those in whom the freehold continued. The word still retains its original signification, being applied exclusively to the possession of land of a freehold tenure, it being inaccurate to use the word as expressive of the possession of leaseholds or terms of years, or even of copy holds. Brown. Under OUT law, the word "seisin" has no accu rately defined technical meaning. At common law, it imported a feudal investiture of title by actual possession. With us it has the force of, possession 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 purpose. Ford v. Garner, 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, title, or interest in the inheritance. Code N. O. 1883, § 1281, rule 12. —Actual seisin means possession of the free hold by the pedis positio of one's self or one's tenant or agent, or by construction of law, as Wthe case of a state grant or a conveyance un der the statutes of uses, or (probably) of grant or devise where there is no actual adverse pos session ; it means actual possession as distin guished from constructive possession or posses-