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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.

23 news items

Economic Times

Economic Times
Wed, 01 Oct 2014 06:30:00 -0700

NEW DELHI: An all-India traders' body today appealed to Union Urban Development Minister M Venkaiah Naidu to protect the trading community from the controversial Delhi Rent Act, by which they can be evicted by the landlord citing bona fide need.
 
The Daily Times
Fri, 19 Sep 2014 22:03:15 -0700

... • Joseph Edwin Gardner and Shyann Nicole Gardner, a minor by next friend and mother, Debra Sue Gardner vs. Tina Gardner, complaint for ejectment. Thank you for reading 15 free articles on our site. You can come back at the end of your 30-day period ...
 
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 ...
 
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 ...
 
JD Supra (press release)
Thu, 04 Sep 2014 12:37:57 -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 ...
 
InterAksyon
Sun, 28 Sep 2014 23:56:15 -0700

According to court records, Litton & Company by September 1980 had already started ejectment proceedings against Santos for failure to pay rent. In March 1983, Santos, having lost the unlawful detainer case, finally vacated the leased premises, but ...

Meath Chronicle

Meath Chronicle
Fri, 26 Sep 2014 10:15:00 -0700

The true face of middle-income Ireland's mortgage trauma has been revealed in new figures which show that 100 'civil bills for ejectment' of Meath homeowners are listed at Trim County Registrar's Court every month. The number of applications for ...
 
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 ...
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