SEISITORIBUS

2 definitions found across Law Mind sources

SEISITORIBUSAuthored
The Law Mind • 568 words
Definition
A Latin designation for a writ historically directed to the sheriff commanding the levying of damages that a disseisor had been ordered to pay to the disseisee following judgment. The term functioned as a label for a specific post-judgment enforcement mechanism within the common law real property action framework — not a substantive right, but a procedural instrument for satisfying the monetary award arising out of a disseisin.
Why It Matters in Research
This term will appear almost exclusively in early English common law sources and in legal dictionaries that preserve the old real property action vocabulary. Researchers encountering it in historical pleading records, treatises on real actions, or abridgments of common law procedure should understand it as a piece of post-judgment process, not a substantive doctrine. It has no modern functional equivalent and was rendered obsolete along with the real actions themselves — abolished in England by the Real Property Limitation Act 1833 and the Common Law Procedure Act 1852, and never transplanted in any meaningful way into American practice. The key research trap is treating this term as interchangeable with the broader category of writs of execution. Seisitoribus was specific: it addressed the damage recovery owed to the disseisee by the disseisor after a successful real action, not the restoration of seisin itself (which was the province of the writ of habere facias seisinam). A researcher working through early plea rolls or abridgments who conflates these distinct writs will misread the procedural posture of the case. Because the term appears with very limited frequency even in historical sources, its presence in a document is itself a dating and jurisdictional signal. If you encounter seisitoribus in a source, you are almost certainly in pre-nineteenth-century English common law materials, likely dealing with the tail end of real actions before their procedural abolition.
Historical Dictionary Support
Black's Law Dictionary, citing Cowell's Interpreter, provides the sole definition of practical record: a writ to the sheriff for levying damages condemned against a disseisor. Black's treatment is characteristically spare — the entry exists to identify the term for researchers encountering it in historical materials, not to develop its doctrinal context. Cowell's Interpreter (1607), from which Black's draws, is a glossary of legal and technical terms drawn from early English law, and its citation here signals that seisitoribus was already a term of historical interest rather than active legal vocabulary even by the early seventeenth century. This is important: the term's presence in Cowell suggests it had already begun its migration from working procedural vocabulary to antiquarian record. No meaningful doctrinal evolution can be traced for this term because it did not evolve — it was a fixed instrument of a fixed procedural system and passed out of use as that system was dismantled. Historical dictionaries that omit it entirely are not in error; they are simply working at a level of generality that does not require preservation of every defunct writ name.
Jurisdictional Note
This writ was an instrument of English common law real property procedure and was never part of American practice in any recorded form. No American jurisdiction adopted or adapted seisitoribus. Research in American sources will not yield substantive results.
Related Terms
Disseisin — Disseisee — Disseisor — Seisin — Writ — Habere Facias Seisinam — Real Actions — Writ of Entry — Damages (post-judgment enforcement) — Cowell's Interpreter
SEISITORIBUSmain
Black's Law Dictionary • 1891
A writ formerly directed to the sheriff for the levying of damages, which a disseisor had been condemned to pay to the disseisee. Cowell.

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