Home1823 Edition

OUSTER

Volume 15 · 182 words · 1823 Edition

or Dispossession, in Law, an injury which carries with it the motion of possession; for by means of it the wrong doer gets into the actual possession of the land or hereditament, and obliges him that hath a right to seek a legal remedy, in order to gain possession, together with damages. This ouster may either be of the freehold by abatement, intrusion, disseisin, discontinuance, and deforcement; or of chattels real, as an estate by statute-merchant, statute-staple, or ejectment, or an estate for years.

Ouster le Moin, amovere manum, in Law, denotes a livery of lands out of the king's hands; or a judgment given for him that traversed, or sued, a monstrans le droit. When it appeared, upon the matter being discussed, that the king had no right or title to the land seized, judgment was given in chancery, that the king's hand be removed; and ouster le main or amovens manum, was therefore awarded to the eschator, to restore the land, &c. All wardships, liveries, ouster le mains, &c. are now taken away and discharged by statute 12 Car. II.