Ejectment - Law Dictionary Search Results
Consent-rule
Consent-rule, a superseded instrument, in which a defendant in an action of ejectment specified for what purpose he intended to defend, and undertook to confess not only the fictitious lease, entry,
Habere facias possessionem
Habere facias possessionem (that you cause to have possession), a writ that issues for a successful plaintiff in ejectment, to put him in possession of the premises recovered. If the first writ be not executed, an alias,
Possession, Writ of
Possession, Writ of, the process of execution in an action of ejectment. A judgment for the recovery, or for the delivery of the possession of land may be enforced by
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Joinder of causes of action
the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties,
Lessor of the plaintiff
Lessor of the plaintiff. See EJECTMENT.
Local actions
been laid in the county where the cause of action arose. Real actions and the mixed action of ejectment were local: but personal actions were for the most part transitory, i.e., their cause of action might be
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa
same matter directly in question in another Court. the exception to this rule is in the action of ejectment, 2 Selw. N.P. 763. It is also well established in the criminal law, that when a man is
Occupy
premises, physical possession of the tenant therein is not an essential requisite for avoiding the penal con-sequences of ejectment, Buta Ram v. Balwant Singh, AIR 1989 P&H 17 (20).
Ouster
of the land during the continuance of his term, Bl. Com. 167, 198. For remedies for ouster, see EJECTMENT and FORCIBLE ENTRY. For ouster, removal of members or officers of a corporation, see Halsb. L.E., officers of
In aequali jure melior est conditio possidentis
are equal, the condition of the possessor is the better.) 'Hence it is a familiar rule, that in ejectment, the party controverting my title must recover by his own strength and not by my weakness'.Broom's Leg. Max.
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