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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 a lease to a friend and later to a fictitious person (such as John Doe). However, on occasion, the name "Casual Ejector" was used instead.[1] An action was brought in the name of this tenant often against another fictitious person (often Richard Roe) who had allegedly evicted him.

A letter was then sent in his name to the real defendant, inviting him to defend the case on behalf of his supposed tenant (a fictitious defendant). The true defendant's right to appear depended on the existence of the fictitious lease (whose existence he thus could not deny). This enabled 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.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
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643 news items

 
Inquirer.net
Fri, 21 Nov 2014 08:07:30 -0800

An interesting factoid popped out during the Nov. 6 hearing on the corruption charges against Vice President Jejomar Binay before the Senate blue ribbon subcommittee. If a Torrens title over some four hectares of land inside the alleged “Hacienda Binay ...
 
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Wed, 26 Nov 2014 03:15:00 -0800

Complaint for possession of real property and for ejectment at 525 N. Fourth Ave. in Hailey. Dismissed without prejudice per motion filed by plaintiff. 19 Nov-Everton Rodrigo Olivera v. Ione D. Almeida. Decree of paternity, custody, parenting time and ...
 
The National Law Review
Wed, 06 Aug 2014 20:26:27 -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 ...
 
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Tue, 25 Nov 2014 09:26:15 -0800

... State as threat of the virus in Kenema is no more terrifying”, Fatorma said adding, “Some of these volunteers got Ejectment Notices from their landlords when they opted for this national and patriotic job so they must be recognized and treated with ...
 
Wilkes Barre Times-Leader
Mon, 21 Jul 2014 14:45:00 -0700

WILKES-BARRE — An attorney for Del Balso Brothers Realty filed paperwork with the Luzerne County prothonotary seeking more than $1 million from the parent company of Gentleman's Club 10 in Wilkes-Barre Township. The paperwork also seeks removal ...
 
JD Supra (press release)
Fri, 07 Nov 2014 08:05:29 -0800

Sabella sued in 2010 for ejectment, conversion and trespass. The Haners asserted that the suit was barred by a two-year limitations statute. Sabella pled the discovery rule: The statute of limitations may be delayed by the plaintiff's ignorance of his ...
 
The Swazi Observer
Mon, 17 Nov 2014 16:56:15 -0800

Mbabane Magistrate Sifiso Vilakati said in considering the matter and the circumstances surrounding the actions of Housing Board (first respondent) he was of the view that Mango's ejectment and attachment of his goods in respect of any outstanding ...

Evening Echo Cork

Evening Echo Cork
Thu, 16 Oct 2014 02:56:15 -0700

Figures released by the Court Services to Fianna Fáil finance spokesman Michael McGrath revealed that there were 335 ejectment civil bills before Cork Circuit Court in the first six months of 2014 — up from just 44 for the first six months of 2013 ...
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