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Encyclopedia Britannica



OUSTER (from Anglo-Fr. ouster, to remove, take away, O. Fr. oster, mod. Fr. oter, Eng. " oust," to eject, exclude; the derivation is not known; Lat. obstare, to stand in the way of, resist, would give the form but does not suit the sense; a more probable

This article appears in Volume V20, Page 381 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ORC-PAI
OUSTER (from Anglo-Fr. ouster, to remove, take away, O. Fr. oster, mod. Fr. oter, Eng. " oust," to eject, exclude; the derivation is not known; Lat. obstare, to stand in the way of, resist, would give the form but does not suit the sense; a more probable suggestion connects with a supposed haustare, from haurire, to draw water; cf. " exhaust "), a legal
term
  signifying dispossession, especially the wrong or injury suffered by a person dispossessed of freeholds or chattels real. The wrong-doer by getting into occupation forces the real owner to take legal steps to regain his rights. Ouster of the freehold may be effected by abatement; i.e. by entry on the death of the person seized before the entry of the
heir
 , or devisee, by intrusion, entry after the death of the
tenant
  for
life
  before the entry of the reversioner or
remainder
 -man, by disseisin, the forcible or fraudulent expulsion of the occupier or person seized of the property. Ouster of chattels real is effected by disseisin, the turning out by force or fraud of the legal proprietor before his estate is determined. In feudal law, the
term
  ouster-le-
main
  (Lat. amovere manum, to take away the hand) was applied to a writ or judgment granting the livery of
land
  out of the sovereign's hand on the plea that he has no
title
  to it, and also to the delivery by a guardian of
land
  to a ward on his coming of age.


End of Article: OUSTER (from Anglo-Fr. ouster, to remove, take away, O. Fr. oster, mod. Fr. oter, Eng. " oust," to eject, exclude; the derivation is not known; Lat. obstare, to stand in the way of, resist, would give the form but does not suit the sense; a more probable


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