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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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434 videos foundNext > 

2347 news items

 
Sun.Star
Thu, 05 Mar 2015 20:52:30 -0800

THE Bacolod City Government filed on Wednesday a case for ejectment or unlawful detainer against city slaughterhouse operator Antonio Valeriano M. Bernardo (AVM) Engineering and plant manager Glorydee Cometa before the Municipal Trial Court in ...
 
Sun.Star
Tue, 03 Mar 2015 19:11:15 -0800

BACOLOD City Legal Office (CLO) chief Rayfrando Diaz II said on Tuesday that they are preparing for the filing of the ejectment case against the AVM Bernardo Engineering, the private operator of the city-owned slaughterhouse in Barangay Handumanan.
 
Pilot Mountain News
Tue, 03 Mar 2015 09:37:30 -0800

According to County Manager Chris Knopf, the Westfield Booster Club has yet to vacate the Westfield Community Center. Thus, the county filed a motion for Summary Ejectment in the District Court on Feb. 13. If the court grants the county's motion, the ...
 
Naples Daily News
Tue, 03 Mar 2015 10:56:15 -0800

Puopolo concentrates her practice in commercial litigation and, more specifically, handles real estate litigation, including title insurance claims, creditors' rights in bankruptcy and foreclosure proceedings, and residential and commercial eviction ...

eTurboNews

eTurboNews
Wed, 04 Mar 2015 15:44:59 -0800

And the ejectment of a guest may be proper if the conduct of the guest affects the convenience or safety of other guests [Aaron v. Ward (1911)], affects the moral reputation of the hotel [Raider v. Dixie Inn (1923)] or involves drunkenness and the use ...
 
The National Law Review
Wed, 06 Aug 2014 20:26:27 -0700

Two cases are on today's docket: (1) a commercial case involving the question as to whether a breach must be "material" to justify ejectment irrespective of lease language, and (2) a residential case involving the question as to whether the district ...
 
Idaho Mountain Express and Guide
Wed, 25 Feb 2015 03:03:45 -0800

13 Feb-Joel Hilario v. Cornelio Simon. Complaint for breach of contract on mobile home purchase from plaintiff. 13 Feb-Habitat on Trail Creek Condominium Association v. the heirs and devisees of Gene Mead and the heirs and devisees of Carol Mead.

Philly.com (blog)

Philly.com (blog)
Mon, 23 Feb 2015 14:36:50 -0800

The casino company has gone to court to get a judge to order Blatstein's “ejectment” and, further, bar him from having any press conferences about his plans.(Blatstein cancelled one big one planned for this week about the same time the court papers ...
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