ejectment
n . 放逐,追逐出,排出
放逐,追逐出,排出
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 and costs for the wrongful withholding of it . --
Wharton .
[
1913 Webster ]
EJECTMENT ,
remedies .
The name of an action which lies for the recovery of the possession of real property ,
and of damages for the unlawful detention .
In its nature it is entirely different from a real action .
2 Term Rep ;
696 ,
700 .
See 17 S . &
R .
187 ,
and ,
authorities cited .
2 .
This subject may be considered with reference ,
1st .
To the form of the ,
proceedings .
2d .
To the nature of the property or thing to be recovered .
3d .
To the right to such property .
4th .
To the nature of the ouster or injury .
5th .
To the judgment .
3 .-
1 .
In the English practice ,
which is still adhered to in some states ,
in order to lay the foundation of this action ,
the party claiming title enters upon the land ,
and then gives a lease of it to a third person ,
who ,
being ejected by the other claimant ,
or some one else for him ,
brings a suit against ,
the ejector in his own name ;
to sustain the action the lessee must prove a good title in the lessor ,
and ,
in this collateral way ,
the title is tried .
To obviate the difficulty of proving these forms ,
this action has been made ,
substantially ,
a fictitious process .
The defendant agrees ,
and is required to confess that a lease was made to the plaintiff ,
that he entered under it ,
and has been ousted by the defendant ,
or ,
in other words ,
to admit lease ,
entry ,
and ouster ,
and that he will rely only upon his title .
An actual entry ,
however ,
is still supposed ,
and therefore ,
an ejectment will not lie ,
if the right of entry is gone .
3 Bl .
Com .
199 to 206 .
In Pennsylvania ,
New York ,
Arkansas ,
and perhaps other states ,
these fictions have all been abolished ,
and the writ of ejectment sets forth the possession of the plaintiff ,
and an unlawful entry on the part of the defendant .
4 .-
2 .
This action is in general sustainable only for the recovery of the possession of property upon which an entry might in point of fact be made ,
and of which the sheriff could deliver actual possession :
it cannot ,
therefore ,
in general ,
be sustained for the recovery of property which ,
in legal consideration ,
is not tangible ;
as ,
for a rent ,
or other incorporeal hereditaments ,
a water -
course ,
or for a mere privilege of a landing held in common with other citizens of a town .
2 Yeates ,
331 ;
3 Bl .
Com .
206 ;
Yelv .
143 ;
Run .
Eject .
121 to 136 Ad .
Eject .
c .
2 ;
9 John .
298 ;
16 John .
284 .
5 .-
3 .
The title of the party having a right of entry maybe in fee -
simple ,
fee -
tail ,
or for life or years ;
and if it be the best title to the property the plaintiff will succeed .
The plaintiff must recover on the strength .
of his title ,
and not on the weakness or deficiency of that of the defendant .
Addis .
Rep .
390 ;
2 Serg . &
Rawle ,
65 ;
3 Serg . &
Rawle ,
288 ;
4 Burr .
2487 ;
1 East ,
R .
246 ;
Run .
Eject .
15 ;
5 T .
R .
110 .
6 .-
4 .
The injury sustained must in fact or in point of law have amounted to an ouster or dispossession of the lessor of the plaintiff ,
or of the plaintiff himself ,
where the fictions have been abolished ;
for if there be no ouster ,
or the defendant be not in possession at the time of bringing the action ,
the plaintiff must fail .
7 T .
R .
327 ;
1 B . &
P .
573 ;
2 Caines '
R .
335 .
7 .-
5 .
The judgment is that the plaintiff do recover his term ,
of and in the tenements ,
and ,
unless the damages be remitted ,
the damages assessed by the jury with the costs of increase .
In Pennsylvania ,
however ,
and ,
it is presumable ,
in all those states where the fictitious form of this action has been abolished ,
the plaintiff recovers possession of the land generally ,
and not simply a term of years in the land .
See 2 Seam .
251 ;
4 B .
Monr .
210 ;
3 Harr .
73 ;
1 McLean ,
87 .
Vide ,
generally ,
Adams on Ej .;
4 Bouv .
Inst .
n .,
3651 ,
et seq .;
Run .
Ej .;
Com .
Dig .
h .
t .;
Dane '
s Ab .
h .
t .;
1 Chit .
Pl .
188 to 193 ;
18 E .
C .
L .
R .
158 ;
Woodf .
L . &
T .
354 to 417 ;
2 Phil .
Ev .
169 .;
8 Vin .
Ab .
323 ;
Arch .
Civ .
Pl .
503 ;
2 Sell .
Pr .
85 ;
Chit .
Pr .
Index ,
h .
t .;
Bac .
Ab .
h .
t Doct .
Pl .
227 ;
Am .
Dig .
h .
t .;
Report of the Commissioners to Revise the Civil Code of Pennsylvania ,
January 16 ,
1835 ,
pp .
80 ,
81 ,
83 ;
Coop .
Justinian ,
448 .
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