(37) and later recognized by Bracton in the thirteenth century
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." DONALD W.
(26) Some scholars suggest that Henry II initially utilized the jury trial to resolve the complaints of tenants "who claimed to have been 'disseised, that is dispossessed, of [their] free tenement unjustly and without judgment.'" (27) By using this remedy, known as the assize of novel disseisin
, claimants could "submit their case to a jury of at least arguably knowledgeable local citizens rather than engage in trial by combat." (28)
Percy Bordwell, "Disseisin
and Adverse Possession" (1923) 33 Yale L.J.
She reminds us that coverture was not applied to misdemeanours and exploits the records of the Court of Star Chamber to explore the involvement of families, and especially married women, in the misdemeanours of forcible entry, detainer, and disseisin
. Women of the household, including servants, were frequently involved, some times violently, in disputes over real property.
At Clarendon, a further legal tool was adopted--that of the novel disseisin
Example of the first; his Action was mean, betwixt the Disseisin
made to him and his recovery; that is, in the interim.
For similar views in early American scholarship, see James Barr Ames, Disseisin
of Chattels, 3 HARV.