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Ouster - Law Dictionary Search Results

Home Dictionary Name: ouster

Ouster

Ouster, dispossession.A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation of possession; for thereby the wrongdoer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy in order to gain possession and damage for the injury sustained. Such dispossession may be either of the freehold or of chattels real.Ouster of the freehold was effected by various methods: 1, abatement; 2, intrusion; 3, disseisin; 4, discontinuance; and 5, deforcement.Ouster of chattels real consists: 1st, of a motion of possession from estates held by statute, recogni-zance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined, by raising the sum for which it is given to him in pledge; and 2nd, of a motion of possession from an estate of years, which takes place by a like kind of disseisin, ejection, or turning...


Respondeat ouster

Respondeat ouster (let him answer over). If a demurrer is joined in a plea to the jurisdiction, person, or writ, etc., and it be judged that the defendant put in a more substantial plea, interlocutory judgment is given that he shall answer. Also, if a prisoner fail upon a plea in bar, he has judgment of respondent ouster, and may plead over to the offence the general issue, not guilty, Steph. Com., 7th ed., iii. 569; iv. 405.(let him make further answer) -- A judgment or order that a party who made a dilatory plea that has been denied must now plead on merits, Black's Law Dictionary, 7th Edn., p. 1313.Means 'let him make further answer'. A judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits, Black's Law Dictionary, 7th Edn., p. 1313....


ouster

ouster 1 : wrongful dispossession esp. of a cotenant 2 : a judgment removing a public officer or depriving a corporation of a public franchise ...


Amoveas manus, or Ouster le main

Amoveas manus, or Ouster le main, a livery of land to be amoved out of the king's hands on a judgment obtained upon a monstrans de droit, to restore the land, its effect being the same as a judgment that the party should have his land again. Abolished by 12 Car. 2, c. 24....


Ouster le Mer

Ouster le Mer, beyond the sea; a cause of excuse, if a person, being summoned, did not appear in court. see SEAS, BEYOND....


Disseisin

Disseisin [fr. dissaisin, Fr.], 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 on 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. Com. A title by disseisin is a good title against all but the rightful owner. Consult Williams on Seisin...


Disseizin

The act of disseizing an unlawful dispossessing and ouster of a person actually seized of the freehold...


Eviction

The act or process of evicting or state of being evicted the recovery of lands tenements etc from anothers possession by due course of law dispossession by paramount title or claim of such title ejectment ouster...


Ouster

A putting out of possession dispossession disseizin of a person...


ousting

the act of ejecting someone or forcing them out ouster...


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