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This article is about the Common Law form of action. For a fuller discussion of modern proceedings, see Eviction.

Ejectment is the common law term for civil action to recover the possession of or title to land. It replaced the old real actions as well as the various possessory assizes. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are contested via the actions of eviction and quiet title, respectively.

Originally, an ejectment was concerned with the recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or no longer had) any right to remain there. It has continued to be used for this, though in some jurisdictions the terminology has changed.

The old real actions, which were concerned with the title to land, were found to be too technical and difficult to use. The practice thus developed of trying the title to ownership of land by means of an ejectment. The practice was for the claimant to grant (or claim to have granted) a lease to a friend, and later to a fictitious person (such as John Doe), who became the nominal plaintiff: the real claimant was then known as the "lessor of the plaintiff". An action was brought in the name of this fictitious tenant, either against the real defendant or, more usually, against another fictitious person (e.g. William Styles), known as the "casual ejector",[1] who had allegedly evicted him on the strength of an equally fictitious lease granted by the real defendant. The title of the action would then be "Doe dem. [name of real claimant] v. Styles".

A letter was then sent in the name of the casual ejector to the real defendant, inviting him to defend the case on behalf of his supposed tenant. The true defendant's right to appear depended on the existence of the fictitious lease (whose existence he thus could not deny). This enabled the rights of the true claimant and defendant to be litigated. Such fictitious actions have been abolished in many jurisdictions as a result of the provision of alternative remedies.

See also[edit]

References[edit]

  1. ^ "Casual ejector". Legal Dictionary. TheFreeDictionary.com. 

External links[edit]


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Ejectment — Please support Wikipedia.
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392 news items

The Manila Times

The Manila Times
Mon, 18 May 2015 06:39:43 -0700

The lessee shall thereafter deposit the rent within 10 days of every current month. Failure to deposit the rent for three months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint ...
 
The Recorder
Tue, 26 May 2015 15:29:50 -0700

When Zacarias refused, Shoen sued for damages, as well as injunctive and declaratory relief, on theories of (1) trespass, (2) nuisance, (3) ejectment, and (4) negligence. Zacarias asserted, as an affirmative defense, that she was entitled to an ...

The Manila Times

The Manila Times
Tue, 26 May 2015 08:45:00 -0700

For the part of the lessor, he may seek recourse from our courts for judicial ejectment only on any of the following grounds mentioned under Section 9 of Republic Act No. 9653, otherwise known as the Rent Control Act of 2009. The first ground stated ...
 
The National Law Review
Wed, 06 Aug 2014 12:07:30 -0700

Two cases are on today's docket: (1) a commercial case involving the question as to whether a breach must be "material" to justify ejectment irrespective of lease language, and (2) a residential case involving the question as to whether the district ...
 
Front Page Africa
Mon, 13 Apr 2015 22:20:32 -0700

Monrovia - The Trial jurors at the Civil Law Court at the Temple of Justice Monday awarded a unanimous liability verdict in favor of the African Methodist Episcopal Church (AME) on Camp Johnson Road. The verdict grew from the petition the church's ...
 
Idaho Mountain Express and Guide
Wed, 13 May 2015 03:07:30 -0700

6 May-U.S. Bank National Association v. Sherrian Morris. Complaint for ejectment from 1908 Warm Springs Road. Default judgment to plaintiff. 5 May-Leanne Rosko Doty v. Michael Thomas Black. Small claims court. Default judgment to plaintiff for $2,069.

Discovery News

Discovery News
Wed, 29 Apr 2015 14:25:55 -0700

New York City, Los Angeles, Chicago, Albuquerque, N.M., Ferguson, Mo., Charleston, S.C., and now Baltimore. These are among a handful of the numerous cities this past year that have drawn national headlines as a result of alleged misconduct or outright ...

Lompoc Record

Lompoc Record
Sun, 10 May 2015 00:06:47 -0700

H.M. Newhall has had the land on which stands confirmed to him and has serve suits of ejectment on all inhabitants, besides claiming some $40,000 damages. “We believe a large number of inhabitants of the vanishing town intend to locate in Guadalupe, ...
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