“Seisin in law is a right to the possession of the freehold where there is no adverse occupancy thereof.” Carpenter v. Garrett, 75 Va. 129, 135 (1880).
“Seisin in law is a right to the possession of the freehold when there is no adverse occupancy thereof, such as exists in the heir after descent of lands upon him before actual entry by himself or his tenant.” Seim v. O’Grady, 42 W. Va. 77 (1896).
The term “seisin” refers to the feudal possession of a freehold estate in land. It is opposed — (1) To a merely beneficial or equitable title ; (2) To the possession of a mere leasehold estate.
Seisin is of two kinds, — seisin in deedf and seisin in law. Seisin in deed is when an actual possession is taken. Seisin in law is where lands descend, and one hath not actually entered on them ; or where one is by wrong dis- seised of them.
The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty.
Possession with an intent on the part of him who holds it to claim a freehold interest.
Upon the introduction of the feudal law into England, the word “seisin” was applied only to the possession of an estate of freehold, in contradistinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the possession of those in whom the freehold continued. The word still retains its original signification, being applied exclusively to the possession of land of a freehold tenure, it being inaccurate to use the word as expressive of the possession of leaseholds or terms of years, or even of copyholds.
Under our law, the word “seisin” has no accurately defined technical meaning. At common law, it imported a feudal investiture of title by actual possession. With us it has the force of possession under some legal title or right to hold. This possession, so far as possession alone is involved, may he shown by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conveyance for that purpose.
Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seised, if he may have had anv right, title, or interest in the inheritance.