Casual Eject Or - Law Dictionary Search Results
Home Dictionary Name: casual eject orCasual ejector
Casual ejector, the fictitious Richard Roe in the mixed action of ejectment, before the fiction was abolished by the (English) C. L. P. Act, 1852. See Ejectment....
Roe, Richard
Roe, Richard, otherwise Troublesome, the casual ejector and fictitious defendant in ejectment, whose services are no longer invoked. See JOHN DOE, and EJECTMENT....
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
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