"aimed" primarily against "arbitrary
disseisin at the
The tradition of native ownership, however, is not lost where, at the time of the enactment of the 1988 Constitution, reoccupation did not occur only as a result of reiterated
disseisin by non-Indians (Petition 3388 of Roraima--Supreme Federal Court).
Although this type of suit was generally brought by a "novel
disseisin" action, which provided a successful plaintiff with the remedy of a return to the status quo, Aldred successfully brought "an action on the case" so that he might be awarded damages.
(54) Ames and Maitland had a lengthy exchange of letters about Ames's article The
Disseisin of Chattels, which was stimulated by Maitland's article The Seisin of Chattels, (55) These technical doctrines of early English common law are not particularly thrilling to most American legal historians today, but they were for the leading American and English legal historians of the late nineteenth century.
ver, Bened Walters D, "Spoliation and
Disseisin: Possession under Threat and Its Protection Before and After 1215", en VERGENTIS, n.1 (2015), p.
Holt (the most distinguished historian of Magna Carta), Article 39 was "aimed" primarily against "arbitrary
disseisin at the will of the king," against "summary process," and against "arrest and imprisonment on an administrative order." (2) Or as put by another historian, W.
1893) ("It is not merely the existence of a mistake, but the presence or absence of the requisite intention to claim title, that fixes the character of the entry and determines the question of
disseisin."), overruled by Dombkowski v.
In 1166, the king created a Writ called novel
disseisin, which imposed to the itinerant royal judge (sheriff) the task of bringing together twelve men, who should decide about the impositive loss of the land ownership; that was how the king eliminated the judicial duel that had been practiced until that moment.
Reading Star Chamber cases of forcible entry and
disseisin, Whyte highlights the contested nature of the household through the categories of entries, boundaries, and the idea of a moral landscape.
