Ouster - Law Dictionary Search Results
Home Dictionary Name: ouster Page 1 of about 20 results ( seconds)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....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Resseiser
Resseiser, the taking of lands into the hands of the Crown, where a general livery or ouster le main was formerly misused, Staundf. Pr'rog...
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
Quare ejecit infa terminum
Quare ejecit infa terminum (wherefore he ejected within the term), a writ which lay by the ancient law where the wrongdoer or ejector was not himself in possession of the lands, but another who claimed under him.Quare ejecit infra terminum, and why he ejected within the term. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was, Black's Law Dictionary, 7th Edn., p. 1256.Means for this injury the law has provided him with two remedies ...... .. the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)...
- << Prev.
- Next >>