Recovery of land, the title, since the Judicature Acts, of the action of 'ejectment' to transfer the poss-ession of land from the wrongful to the rightful owner.
Under the County Courts Orders, see Order V., actions to recover possession of land under ss. 138 and 139 of the County Courts Act, 1888, were to be so called in distinction from actions of ejectment under s. 59, ibid., but by the County Courts Act, 1934, s. 48, county courts have jurisdiction over actions for the recovery of land where neither the value of the land nor the rent exceeds 100l. per annum, and references to ss. 138 and 139 of the Act of 1888 are to be construed as references to s. 48 of 1934. As to the judges' discretion under s. 138 of the County Courts Act, 1888, see Sheffield Corporation v. Luxford, (1929) 2 KB 180.
View Judgments Citing this Phrase View Acts Citing this Phrase