KFLCC Kingdom Law 2nd Ed.

379

DISRATIONARE

DISSOLUTION

DISRATIONARE, or DIRATIONARE. 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 by cutting into pieces or exscinding one or more parts or organs. Wehle v. Accident Ass'n, 11 Misc. Rep. 36, 31 N. Y. Supp. 865; Sudduth v. Insurance Co. (O. 0.) 106 Fed. 822; Rhodes v. Brandt, 21 Hun (N. Y.) 3. DISSEISEE. One who is wrongfully put out of possession of his lands; one who is disseised. DISSEISIN. Dispossession; a depriva tion of possession; a privation 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; Probst v. Trustees, 129 U. S. 182, 9 Sup. Ct 263, 32 L. Ed. 642; Bond v. O'Gara, 177 Mass. 139, 58 N. E. 275, 83 Am. St. Rep. 265; Moody v. Fleming, 4 Ga. 115, 48 Am. Dec. 210; Clapp r. Bromagham, 9 Cow. (N. Y.) 553; Wash burn v. Cutter, 17 Minn. 368 (Gil. 335). It is a wrongful putting out of him that is seised of the freehold, 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. 386. When one man invades the possession of an other, and by force or surprise turns him out of the occupation of his lands, this is termed a "disseisin," being a deprivation of that actual seisin or corporal possession of the freehold which the tenant Defore enjoyed. In other words, a disseisin is said to be when one enters intending to usurp the possession, 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 •eems to be no legal difference between the words "seisin" and possession," although there is a difference between the words "disseisin" and "dispossession;" 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. Slater v. Rawson, 6 Meta (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 Meriv. 171; 2 Jac. & W. 166. Disseisin by election is where a person al leges or admits himself to be disseised when he has not really been so. DISSEISE. To dispossess; to deprive.

Disseisinam satis facit, qui ntl aon 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 his 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 unlaw fully puts another out of his land. In the civil law. The mutual agreement of the parties to a simple contract obligation that it shall be dissolved or annulled; technically, an un doing of the consensus which created the obligation. Mackeld. Rom. Law, § 541. 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." —Dissenting opinion. The opinion in which a judge announces his dissent from the conclu sions held by the majority of the court, and expounds his own views. DISSENTERS. Protestant seceders from the established church of England. They are of many denominations, principally Presby terians, Independents, Methodists, and Bap tists; but, as to church government, the Baptists are Independents. ' DISSIGNARE. In old law. To break open a seal. Whishaw. Dissimilinm dissimilis est ratio. Co. Litt 191. Of dissimilars the rule is dissim ilar. Dissimulations tollitnr 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." Williston r. Camp, 9 Mont 88, 22 Pac. 501. Of corporations. The dissolution of a corporation is the termination of its exist- DISSENSUS. Lat DISSENT.