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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]


  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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350 news items

Lexology (registration)
Mon, 26 Oct 2015 23:01:05 -0700

An image called “The Ejectment” was published in the “Illustrated London Times” on 16 December 1848. It shows a despondent farmer's wife pleading with a rotund gentleman who is on a horse wearing a shiny top hat. Men are removing items from the ...
Chandigarh Tribune
Wed, 28 Oct 2015 12:18:45 -0700

The District Development and Panchayat Department has decided on 27 cases in which plots provided to landless labourers free of cost by the Punjab Government to construct houses were sold, in violation of terms and conditions. The decision of ejectment ...

Bowery Boogie

Bowery Boogie
Fri, 20 Nov 2015 02:18:45 -0800

Indeed, last March, Councilmembers Mark Levine and Vanessa Gibson introduced “Intro 214,” legislation aimed at providing assistance to predominantly low-income New Yorkers facing “evictions, ejectment, or foreclosure proceedings.” Close to 30,000 ...
Chico Enterprise-Record
Tue, 17 Nov 2015 19:11:15 -0800

In the lawsuit, the Pattens are claiming quiet title, trespass, nuisance, ejectment and injunction. The lawsuit will go before a judge in a trial readiness conference in February. At that point, it will be determined if the case will go to trial or ...

The Clare Herald

The Clare Herald
Tue, 24 Nov 2015 16:24:05 -0800

1847 – Captain Kennedy reported from the Kilrush Union: “An immense number of small landholders are under ejectment, or notice to quit, even where the rents have been paid up….Such wholesale proceedings must, I fear, also affect the peace of the ...
Chandigarh Tribune
Wed, 18 Nov 2015 12:48:45 -0800

Taking a note of the prayer, the High Court on a previous date of hearing had asserted: “The respondents shall cause ejectment of unauthorised occupants as were identified in the letter of the Collector on March 9, 2012, or any other unlawful occupants ...

ABC Action News

ABC Action News
Wed, 28 Oct 2015 19:40:39 -0700

The only way to legally kick a roommate out is by filing an ejectment, which could cost you hundreds but it leaves the decision to a judge “In an ejectment, it's a trial and its a fast track trial, which is why its so expensive,” said Boss. To avoid ...
Dissident Voice
Sun, 08 Nov 2015 11:02:27 -0800

That an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question. People v. Dibble, 18 Barbour's NYSCR 412, 418 (1854). The object of the law, with various other laws of the state, was to protect the ...

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