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The possession of the gagee is called seisina, a seisina ut de vadio, but it is quite unprotected by any legal remedy. The gagor remains seised of his freehold, and, should some third person unjustly turn the gagee out of the land, it is the gagor who has the right to bring the possessory action of Novel Disseisin. The gagor, not the gagee, has indeed been disseised. Furthermore, if the gagor himself eject the gagee, the latter still has no remedy by which he can recover possession. Glanvill explains this by saying that what the creditor really has a right to is not the land, but the debt itself ; and that, if ejected by the gagor, the gagee should bring an action of Debt, the court compelling the debtor to make sat- isfaction. prev     next
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