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Home » Law Dictionary » U » USURPATION

USURPATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. 2. According to Lord Coke, there are two kinds of usurpation. 1. When a stranger, without right, presents to a church, and his clerk is admitted; and, 2. When a subject uses a franchise of the king without lawful authority. (B) government. The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country.

Law Dictionary – Alternative Legal Definition

Torts. The unlawful assumption of the use of property which belongs to another; an Interruption or the disturbing a man in his right and possession. Tomlins. In public law. The unlawful seizure or assumption of sovereign power; the assumption of government or supreme power by force or illegally, In derogation of the constitution and of the rights of the lawful ruler: Usurpation of advowson. An injury which consists in the absolute ouster or dispossession of the patron from the advowson or right of presentation, and which happens when a stranger who has no right presents a clerk, and the latter is thereupon admitted and instituted. Brown. Usurpation of franchise or office. The unjustly intruding upon or exercising any office, franchise, or liberty belonging to another.

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