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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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Rule of Law: Issue of 'ejectment' in the property

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67 news items

Evening Echo Cork

Evening Echo Cork
Thu, 16 Oct 2014 02:59:17 -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 ...
 
So Md News
Thu, 30 Oct 2014 21:18:45 -0700

Himmelheber will discuss how the colony systematized land ownership and what it meant to become “seized and possessed” of land, to lose one's property by “ejectment” and to have one's land transferred by “livery of seisin.” Himmelheber will also speak ...

Bay Net

Bay Net
Fri, 17 Oct 2014 08:22:30 -0700

Pity those who lost their property by “ejectment” and discover what it meant to have your land transferred by “livery of seisin'.” Hear about Himmelheber's adventures in the field as he attempts to follow 17th-century boundaries and locate old roads ...
 
Lexology (registration)
Wed, 22 Oct 2014 06:41:15 -0700

Condominium Association/Injunction: tenants' act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did not divest circuit court of jurisdiction – Shteyn v. Grandview ...

DSNews.com

DSNews.com
Wed, 22 Oct 2014 05:59:27 -0700

KML Law Group Pennsylvania-based law firm KML Law Group, a firm devoted to mortgage foreclosure, bankruptcy, ejectment, REO closing, and other real estate matters for secured real estate lenders, has announced that John F. Goryl, Esquire, has joined ...
 
Mondaq News Alerts (registration)
Wed, 08 Oct 2014 08:33:45 -0700

On January 13, 2014, Danko sued EXCO, seeking a declaration that the Lease expired by its own terms and asserting claims for ejectment, trespass, and conversion, because Danko did not receive the Extension Payment. The Court dismissed, ruling that the ...
 
Lexology (registration)
Thu, 09 Oct 2014 12:53:50 -0700

Condominium Association/Injunction: tenants' act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did not divest circuit court of jurisdiction – Shteyn v. Grandview ...

State College News

State College News
Thu, 02 Oct 2014 03:07:08 -0700

Glantz says the next step in the process is for the property owners to file an ejectment action with the magisterial district judge. After the action is filed, a hearing will be scheduled with the judge. If the judge agrees with the action based on the ...
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