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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.
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24 news items

 
The Patriot-News - PennLive.com
Wed, 17 Sep 2014 10:30:44 -0700

A pursuing police officer, the one who testified about the hot dog ejectment, tried to use a Taser on Bennett, without success, but finally did apprehend him. The cop found the shrimp wheel and the pork loin inside Bennett's jacket. In his failed ...
 
Banat
Thu, 18 Sep 2014 09:07:30 -0700

Pagsulod ni Atty. Isaac Matolig sa husgado, naa na iyang kliyente. Naa na sab ang iyang mga gikiha og ejectment. Pero wa pa niya makita karong buntaga si Atty. Andy Pinogam iyang atbang nga manlalaban. Alas nuybe na man unta sa buntag. Pre-trial ang ...
 
Huffington Post
Tue, 09 Sep 2014 14:33:45 -0700

Instead, you will end up in a prolonged action, called an Ejectment Proceeding in the Supreme Court. By the way, those months to get a non-family member out may become years in an ejectment proceeding, which is a much more complex and costly ...

Irish Examiner

Irish Examiner
Thu, 18 Sep 2014 16:26:15 -0700

A High Court judge has given a mother of four on social welfare another week before deciding if a bank should be allowed seize her €700,000 property. High Court President Mr Justice Nicholas Kearns said he was adjourning the matter for a week to give ...
 
Pilipino Star Ngayon
Tue, 16 Sep 2014 08:56:15 -0700

Hindi rin naisaalang-alang ang pagdismis sa kasong ejectment dahil ang isyu nito ay pamumusesyon. Kaya pinaboran ng RTC sina Ian at asawa nito batay sa mga dokumentong ebidensya na nagpatunay na sila ang may-ari ng lote. Sinang-ayunan naman ...

Charleston City Paper

Charleston City Paper
Wed, 10 Sep 2014 11:45:32 -0700

In June 2008, Real Estate Consultants of 520 Folly Road filed a writ of ejectment against Oswald. Twice in 2013, first in January and then in March, The Gardens at Ashley River sought a Rule to Vacate against Oswald. Online court records show that all ...
 
JD Supra (press release)
Wed, 03 Sep 2014 10:15:00 -0700

Excalibur Energy (“Excalibur”) attempted to void a tax deed for certain property for which the defendant, Marilyn Rochman, also claimed ownership. To achieve this end, Excalibur filed a new action in circuit court for ejectment claiming that because ...

Nehanda Radio

Nehanda Radio
Fri, 12 Sep 2014 23:54:47 -0700

Jocelyn Chiwenga vows to contest her eviction in the courts. (Pic by Daily News). A writ of ejectment issued on Wednesday by High Court Justice Andrew Mutema saw Jocelyn being evicted immediately together with all her property, including clothes.
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