ejectment

ejectment
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a purely fictitious person, as lessee in a supposed lease from the real party in interest. The letter's title, however, had to be established in order to warrant a recovery, and the establishment of such title, though nominally a mere incident, was in reality the object of the action. Hence this convenient form of suit came to be adopted as the usual method of trying titles to land. 3 Bl.Comm. 199; French v. Robb, 67 NJ.Law 260, 51 A. 509.
In England, since the Judicature Act of 1852, ejectment has given place to a new action for the recovery of land. The common law action for ejectment has been materially modified by statute in most states and may come under the title of action to recover possession of land, action for summary process, action for eviction, or forcible entry and detainer action
Ejectment is an action to restore possession of property to the person entitled to it
Not only must the plaintiff establish a right to possession in himself, but he must also show that the defendant is in wrongful possession. If the defendant has only trespassed on the land, the action is for trespass (i.e. damages).
See also eviction
- process (summary process)
@ ejectment bill
A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction; hence demurrable
@ equitable ejectment
A proceeding brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectment, but is in reality a substitute for a bill in equity.
@ justice ejectment
A statutory proceeding for the eviction of a tenant holding over after termination of the lease or breach of its conditions
@

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • ejectment — eject·ment /i jekt mənt/ n: an action at common law that is to determine the right to possession of property and for the recovery of damages and that is brought by a plaintiff who claims to hold superior title Merriam Webster’s Dictionary of Law …   Law dictionary

  • Ejectment — E*ject ment, n. 1. A casting out; a dispossession; an expulsion; ejection; as, the ejectment of tenants from their homes. [1913 Webster] 2. (Law) A species of mixed action, which lies for the recovery of possession of real property, and damages… …   The Collaborative International Dictionary of English

  • ejectment — A lawsuit brought to remove a party who is occupying real property. (Bernstein s Dictionary of Bankruptcy Terminology) United Glossary of Bankruptcy Terms 2012. ejectment A lawsuit brought to remove a party who is occupying real property …   Glossary of Bankruptcy

  • ejectment — [ē jekt′mənt, iekt′mənt] n. 1. an ejecting or ousting; eviction 2. Law an action to secure or recover possession of real property by the true owner …   English World dictionary

  • ejectment — At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was …   Black's law dictionary

  • ejectment — /i jekt meuhnt/, n. 1. the act of ejecting. 2. Law. a possessory action wherein the title to real property may be tried and the possession recovered. [1560 70; EJECT + MENT] * * * ▪ law       in Anglo American property law, legal action for… …   Universalium

  • Ejectment — This article is about the Common Law form of action. For a fuller discussion of modern proceedings, see Eviction. Ejectment in the common law term for civil action to recover the possession of and title to land. It replaced the old Real Actions… …   Wikipedia

  • ejectment — An action which is purely possessory; a form of action in which the right of possession to corporeal hereditaments may be tried and possession obtained. Kingsnorth v Baker, 213 Mich 294, 182 NW 108. At common law a purely possessory action; even… …   Ballentine's law dictionary

  • ejectment — k(t)mənt noun ( s) 1. : dispossession the ejectment of tenants from their homes 2. a. : a mixed action admissible for the recovery of possession of property and for damages and costs for the wrongful withholding of it …   Useful english dictionary

  • ejectment — noun Date: 1523 1. the act or an instance of ejecting ; dispossession 2. an action for the recovery of possession of real property and damages and costs …   New Collegiate Dictionary

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