Ejectment - Law Dictionary Search Results
Home Dictionary Name: ejectmentEject
To expel to dismiss to cast forth to thrust or drive out to discharge as to eject a person from a room to eject a traitor from the country to eject words from the language...
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 (...
Ejectment
A casting out a dispossession an expulsion ejection as the ejectment of tenants from their homes...
eject
eject : dispossess ...
ejectment
ejectment : 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 ...
Ejection
The act of ejecting or casting out discharge expulsion evacuation...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Mesne profits, action of
Mesne profits, action of, an action of trespass brought to recover profits derived from land, whilst the possession of it has been improperly withheld: that is, the yearly value of the premises. 'Mesne profits are the rents and profits which a trespasser has, or might have, received or made during his occupation of the premises, and which therefore he must pay over to the true owner as compensation for the tort which he has committed. A claim for rent is therefore liquidated, while a claim for mesne profits is always unliquidated' (Odgerson Pleading).The action should be brought in the name of the plaintiff, who has recovered judgment in the ejectment, and lies against any person found in possession of the premises after a recovery in ejectment.The jury are not bound by the amount of the rent, but may give extra damages. But ground-rent paid by the defendant should be deducted from the damages. A plaintiff may recover in this action the costs o the action of ejectment.As to the date fr...
Quare ejecit infa terminum
Quare ejecit infa terminum (wherefore he ejected within the term), a writ which lay by the ancient law where the wrongdoer or ejector was not himself in possession of the lands, but another who claimed under him.Quare ejecit infra terminum, and why he ejected within the term. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was, Black's Law Dictionary, 7th Edn., p. 1256.Means for this injury the law has provided him with two remedies ...... .. the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial