CHAPTER II.

DISSEISIN.

BRACTON, 162, 163. But if a disseysine has been made in any of the above ways, the first and principal remedy is of this kind, namely, that he who has been disseysed may reject the spoiler by his own strength if he can, or by strength which he has called in or recalled, provided no interval has elapsed, the disseysine or misdeed being flagrant. But if he can in no way expel him, he must have recourse to the power of a superior that he may be allowed to acquire it peaceably and to use it quietly. Forthwith to repel "force by force" is to do so as soon as it can be known that force has been used, before that he, against whom it has been used, has betaken himself to a contrary act. . . . But we must see what is meant by the term "forthwith," and within what time. But the time is not defined, but it is presumed that he ought to have so much time, as he would have if he were impleaded respecting the property, namely, fifteen days, which right, however, he does not enjoy at present. We must likewise see whether the person disseysed was present or absent at the time of the disseysine, or whether he was himself personally ejected, or his agent or his household, or whilst he was absent another person entered into his possession then vacant. I mean vacant corporeally, although not mentally. But if he was present at the time of the disseysine, then let him expel the disseysor immediately and on the same day, if he can. . But if he has not

chosen such a way, let him do on the morrow or on the third or the fourth day or further with due continuation, what he ought to have done on the first day: because if he could not reject him on the first day, he may be able on the morrow

to rally his forces, to collect arms, and to invoke the aid of friends; but if he has waited for a long time, he seems thereby to dissemble the injury, and thereby altogether to blot it out.. . . But if he has been absent from whatever necessary cause of common business, or of a journey, or from any other cause, it will be requisite to distinguish the distance of places and the times, or the diligence or the negligence of the person disseysed, according as he has been near in the same county, or far off in another county, or elsewhere, provided he is within the realm. Let "far" and "further" be distinguished, at what time he could have known concerning disseysine, and not the time at which he did know it, and in which case reasonable days' journeys are to be computed for him in coming, so that, reasonable delays having been allowed to him, within the fourth day or further upon special cause as above explained he may expel the disseysor, which will be sufficiently immediate, since time does not run against him except from the time of his knowledge, and from which after knowledge he could come conveniently.

STAT. 3 EDW. I. (1275), c. 39. And forasmuch as it is long Time passed since the Writs undernamed were limited; it is provided, That in conveighing a Descent in a Writ of Right, none shall presume to declare of the Seisin of his Ancestor further, or beyond the time of King Richard, Uncle to King Henry, Father to the King that now is; and that a Writ of Novel disseisin, of Partition, which is called Nuper obiit, have their Limitation since the first Voyage of King Henry, Father to the King that now is, into Gascoin. And that Writs of Mortdancestor, of Cosinage, of Aiel, of Entry, and of Nativis, have their Limitation from the Coronation of the same King Henry, and not before. Nevertheless all Writs purchased now by themselves or to be purchased between this and the Feast of St. John, for one Year compleat, shall be pleaded from as long Time as heretofore they have been used to be pleaded.

STAT. 5 RICH. II. (1381), c. 7. And also the King defendeth, That none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law; and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner. (2) And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by imprisonment of his body, and thereof ransomed at the King's will.

LIT., § 279. And note that disseisin is properly where a man entreth into any lands or tenements where his entry is not congeable, and ousteth him which hath the freehold, &c.

§ 448. Freehold in law is, as if a man disseiseth another, and dieth seised, whereby the tenements descend to his sonne, albeit that his sonne doth not enter into the tenements, yet hee hath a freehold in law, which by force of the discent is cast upon him, and therefore a release made to him, so being seised of a freehold in law, is good enough; and if he taketh wife being so seised in law, although he never enter in deed, and dieth, his wife shal be endowed.

§ 385. Discents which toll entries are in two manners, to wit, where the discent is in fee, or in fee taile. Discents in fee which toll entries are, as if a man seised of certaine lands or tenements is by another disseised, and the disseisor hath issue, and dieth of such estate seised, now the lands discend to the issue of the disseisor by course of law, as heire unto him. And because the law cast the lands or tenements upon the issue by force of the discent, so as the issue commeth to the lands by course of law, and not by his owne act, the entrie of the disseisee is taken away, and he is put to sue a writ of entrie sur disseisin against the heire of the disseisor, to recover the land.

§ 414. Continuall claim is where a man hath right and title to enter into any lands or tenements whereof another is seised in fee, or in fee tail, if hee which hath title to enter makes continuall claime to the lands or tenements before the

dying seised of him which holdeth the tenements, then albeit that such tenant dieth thereof seised, and the lands or tenements descend to his heire, yet may he who hath made such continual claime, or his heire, enter into the lands or tenements so descended, by reason of the continuall claime made, notwithstanding the discent. As in case that a man bee disseised, and the disseisee makes continuall claime to the tenements in the life of the disseisor, although that the disseisor dieth seised in fee, and the land descend to his heire, yet may the disseisee enter upon the possession of the heire, notwithstanding the discent.

415. In the same manner it is, if tenant for life alien in fee, hee in the reversion or he in the remainder may enter upon the alienee. And if such alienee dieth seised of such estate without continuall claime made to the tenements, before the dying seised of the alienee, and the lands by reason of the dying seised of the alienee descend to his heire, then cannot he in the reversion nor hee in the remainder enter. But if hee in the reversion or in the remainder, who hath cause to enter upon the alienee, make continuall claime to the land before the dying seised of the alienee, then such a man may enter after the death of the alienee, as well as he might in his life-time.

$419. The second thing to be understood is, that if a man hath title to enter into any lands or tenements, if he dares not enter into the same lands or tenements, nor into any parcell thereof for doubt of beating, or for doubt of mayming, or for doubt of death, if he goeth and approach as neere to the tenements as hee dare for such doubt, and by word claime the lands to bee his, presently by such claime he hath a possession and seisin in the lands, as well as if hee had entred in deed, although hee never had possession or seisin of the same lands or tenements before the said claime.

Co. LIT., 253, b. Here is to be observed, that there be two manner of entries, viz., an entry in deed, and an entry

in law. An entry in deed is sufficiently knowne. An entry in law is when such a claime is made as is here expressed, which entry in law is as strong and as forcible in law as an entry in deed, and that as well where the lands are in the hands of one by title as by wrong. And therefore upon such an entry in law an assise doth lie, as well as upon an entry in deed, and such an entry in law shall avoid a warranty.

LIT., § 422. And if his adversary who occupieth the land dieth seised in fee, or in fee taile, within the yeare and a day after such claime, whereby the lands descend to his sonne as heire to him, yet may hee which make the claime enter upon the possession of the heire, &c.

8423. But in this case after the yeare and the day that such claime was made, if the father then died seised the morrow next after the yeare and the day, or any other day after, &c., then cannot hee which made the claime enter; and therefore if hee which made the claime will be sure at all times that his entrie shall not be taken away by such discent, &c., it behoveth him that within the yeare and the day after the first claime made, to make another claime in forme aforesaid, and within the yeare and the day after the second claime made, to make the third claime in the same manner, and within the yeare and the day after the third claime to make another claime, and so over, that is to say, to make a claime within everie yeare and day next after everie claime made during the life of his adversarie, and then at what time soever his adversarie dieth seised, his entrie shall not be taken away by any discent. And such claime in such manner made is most commonly taken and named Continuall Claime of him which maketh the claime.

2 BL. COм., 195-199. A title is thus defined by Sir Edward Coke: Titulus est justa causa possidendi id quod nostrum est: or, it is the means whereby the owner of lands hath the just possession of his property.

1 Inst. 345.