Clark v Smith, 38 US (13 Pet) 195, 10 L Ed 123 (1839) (lands in which Indians have a right of occupancy will be encumbered by that right until it is legally extinguished); Cherokee Nation, supra note 39 ("Indians have rights of occupancy to their lands as sacred as the fee-simple, absolute title of the whites" at 48); Johnson, supra note 21 (through the Revolutionary War and the ensuing treaties, the United States earned the exclusive right to extinguish the Indians' title to the land at issue); Fletcher v Peek, 10 US (6 Cranch) 87, 3 L Ed 162 (1810) [cited to US] ("the nature of Indian title, which is certainly to be respected by all courts, until it be legitimately extinguished, is not such as to be absolutely repugnant to a seisin
in fee on the part of the state" at 14243).
In a successful action of novel disseisin, "the sheriff would restore the plaintiff to seisin
in the presence and 'by view of the jurors," who "would point out exactly what properties they had awarded to the plaintiff.
30) In the common law, ownership historically grew out of the robust protection of possession-like seisin
, and even today, possession gives a presumption of ownership.
e] 10 'and seisin
of the said land with the' 20) of annual rent of [y.
24) Affirming the damages judgment, the court in Hillsboro Cove, like the court in Beaullieu, appears to have premised its analysis on a case interpreting the covenant of seisin
(the common law warranty from a seller to a buyer that "the grantor has the very estate in quantity and quality which he purports to convey").
livery of seisin
pantomime (81) to the mysteries of instantaneous
abolishing livery of seisin
and requiring written formalities for
10) The wife, by contrast, could neither contract, nor appear in court, nor have seisin
of land except through her husband.