Seisin - Law Dictionary Search Results
Home Dictionary Name: seisinseisin
seisin or sei·zin [sēz-n] n [Anglo-French seisine, from Old French saisine act of taking possession, from saisir to seize, of Germanic origin] 1 : the possession of land or chattels: as a : the possession of land arising from livery of seisin see also livery of seisin b : the possession of a freehold estate in land by one having title thereto 2 : the right to immediate possession of an estate or to immediate succession [ of an heir upon death of the testator] ...
Seisin
Seisin, possession. The word is now confined to the possession of an estate of freehold.Possession of a freehold estate in land; ownership, Black's Law Dictionary, 7th Edn., p. 1362.There is a seisin in deed, as when an actual possession is taken; or in law, where lands descend, and one has not actually entered upon them. Seisin of the freehold may be defined to be the possession of such an estate in land as was anciently thought worthy to be held by a free man (Williams on Seisin, p. 2). See Leach v. Jay, (1878) 9 Ch D 42; Copestake v. Hoper, (1908) 2 Ch 10; Thackray v. Norman, 1914 WN 303; and consult Williams onSeisin; Co. Litt. 266 b and 330 b (notes.See also addenda, REGISTER OF SASINES....
Seisin, Livery of
Seisin, Livery of, formal delivery of possession, called by the Feudists investiture of a fee or feudal estate. Applicable to corporeal hereditaments while incorporeal hereditaments such as a remainder or easement were conveyed by writing under seal. After the Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 2, all corporeal hereditaments might be conveyed by deed, and now by the Law of Property Act, 1925, s. 25, conveyance by livery of seisin has been abolished. See FEOFFMENT....
livery of seisin
livery of seisin : an ancient ceremony for conveyance of land by the symbolic transfer of a relevant item (as a key, twig, or turf) or by symbolic entry of the grantee called also investiture see also feoffment ...
Primer seisin
Primer seisin, a feudal burthen, only incident to the King's tenants in capite, and not to those who held of inferior or mesne lords. It was a right which the King had, when any of his tenants in capite died seised of a knight's fee, to receive of the heir (provided he were of full age) one whole year's profits of the lands, if they were in immediate possession; and half a year's profits, if they were in reversion, expectant on an estate for life. It was incident to socage-tenants in capite, as well as those who held by knight-service. It was abolished by 12 Car. 2, c. 24....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Curtesy of England
Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...
Livery
Livery [fr. livrer, Fr.,], the act of giving possession, now superseded by the Real Property Act, 1845 (8 & 9 Vict. c.106), s. 2. 'Livery of seisin simply means the delivery of the feudal possession'; Williams on Seisin, p. 99. Also, release from wardship; also the writ by which possession was obtained; also, simply delivery, as a horse is said to stand at livery where the livery stable keeper delivers him to the owner for use as required. In London, the collective body of liverymen. Also the privilege of a particular company or society. See SEISIN....
Scintilla juris et tituli
Scintilla juris et tituli [Lat.] (a spark of law and title).A possibility of seisin, which was supposed to exist in the grantee to uses, when all actual seisin was taken from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs until the marriage of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; now the marriage takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59).This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s. 7 of the (English) Law of Pro-perty Amendment Act, 1860 (now repealed by the (English) Law of Property Act, 1925, 7th Sch.), has been warmly contested. Lord Coke admitted it (Chudleigh's case, 1 Co., p. 121 a), so did Mr. Booth (s...
Seisina facit stipitem
Seisina facit stipitem. Before the Inheritance Act 1833, the old rule of intestate succession to real estate was that descent must be traced from the person last seised, i.e., in possession. (Seisin makes the heir.) But see now the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), which enacted that descent should be traced from the last purchaser, i.e., the last person entitled who did not inherit (see PURCHASE), and the rule is still applicable in 'ascertaining the heir' under equitable limitations provided for by ss. 130, 131 and 132 of the Law of Property Act, and s. 51 of the Administration of Estates Act, 1925, and Williams on Seisin, pp. 51 et seq.(Wright, Ten. 185), the seisin makes the stock (viz., of descent)....
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