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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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353 news items

myfox8.com

myfox8.com
Thu, 23 Jul 2015 07:15:00 -0700

Because the homeowner still had personal property in the home, there was a summary ejectment hearing where a judge gave the owner 20 more days to remove his belongings. He still didn't do it, but then the city gave him almost another month. When FOX8 ...

GMA News

GMA News
Mon, 27 Jul 2015 03:07:30 -0700

The petitioners, who have already set up small stores around the dumpsite, said the ejectment case filed against them by the state-owned company “clearly showed that HGC is in utter disregard of the petitioners' right and/or interest over the property.”.
 
The National Law Review
Wed, 06 Aug 2014 12:07:30 -0700

The GRE Properties Court affirmed the trial court's refusal to include the "material breach" requirement in an instruction, declining to read such a requirement into the "purely statutory" paradigm of summary ejectment. Rather, the Court states the law ...

The Manila Times

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

Arrears in payment of rent for 3 months is one of the grounds for judicial ejectment enumerated in Section 9 of Republic Act No. 9653(R.A. 9653) or the Rent Control Act of 2009, to wit: “SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be ...
 
Independent Online
Mon, 06 Jul 2015 00:18:45 -0700

The legal wrangle over the dilapidated building dates from October 2012 when Sulaman, in his capacity as a trustee of the trust which owns the building, obtained an ejectment order against the occupiers. In court papers, Sulaman said the trust had ...
 
Sun.Star
Sun, 19 Jul 2015 09:18:45 -0700

In concrete terms, I shared my court-annexed mediation experiences with unlawful detainer or ejectment cases. Philippine law cannot allow even the poor to illegally occupy private lands. Human rights defense cannot invoke the right to housing by ...

InterAksyon

InterAksyon
Sun, 14 Dec 2014 17:50:29 -0800

Instead of friendly companeros, The Firm and the breakaway Cruz Marcelo & Tenefrancia group are heading to a December 31 deadline as bitter divorcees, with The Firm announcing that the CMT group had actually been expelled from the partnership.
 
BusinessWorld Online Edition
Tue, 14 Jul 2015 09:11:37 -0700

... Meralco and Doña Julia Vargas avenues and, in its 2012 annual report, had acknowledged that “approximately 78% of the property is... occupied by illegal tenants or non-paying former lessees” that are all “subject of ejectment cases filed by the ...
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