Ejectment in United States

Ejectment Definition

(Lat. e, out of, jaeere, to throw, cast; ejieere, to cast out, to eject). In practice. A form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained. A form of action which lies to regain the possession of real property, with damages for the unlawful detention. In its origin, this action was an action of trespass which lay for a tenant for years, to recover damages against a person who had ousted him of his possession without right. To the judgment for damages, the courts soon added a judgment for possession, upon which the plaintiff became entitled to a writ of possession. As the disadvantages of real actions as a means of recovering lands for the benefit of the real owner from the possession of one who held them without title became a serious obstacle to their use, this form of action was taken advantage of by BoUe, C. J., to accomplish the same result. In the original action, the plaintiff had been obliged to prove a lease from the person shown to have title, an entry under the lease, and an ouster by some third person. The modified action as sanctioned by RoUe was brought by a fictitious person as lessee against another fictitious person (the casual ejector) alleged to have committed the ouster. Service was made upon the tenant in possession, with a notice annexed from the casual ejector to appear and defend. If the tenant failed to do this, judgment was given by default, and the claimant put in possession. If he did appear, he was allowed to defend only by entering into the consent rule, by which he confessed the fictitious lease, entry, and ouster to have been made, leaving only the title in question. The tenant, by a subsequent statute, was obliged, under heavy penalties, to give notice to his lessor of the pendency of the action. The action has been superseded in England by a form prescribed by the common law procedure act (1852, §§ 170-220), and has been materially modified in many of the states of the United States, though still retaining the name; but is retained in its original form in others, and in the United States courts for those states in which it existed when the circuit courts were organized. In some of the United States it has never been in use. See 3 Sharswood, Bl. Comm. 198-207; 1 Washb. Real Prop. (4th Ed.) 433.

Ejectment in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Ejectment

Scan Ejectment in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

(Lat. e, out of, jaeere, to throw, cast; ejieere, to cast out, to eject). In practice. A form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained. A form of action which lies to regain the possession of real property, with damages for the unlawful detention. In its origin, this action was an action of trespass which lay for a tenant for years, to recover damages against a person who had ousted him of his possession without right. To the judgment for damages, the courts soon added a judgment for possession, upon which the plaintiff became entitled to a writ of possession. As the disadvantages of real actions as a means of recovering lands for the benefit of the real owner from the possession of one who held them without title became a serious obstacle to their use, this form of action was taken advantage of by BoUe, C. J., to accomplish the same result. In the original action, the plaintiff had been obliged to prove a lease from the person shown to have title, an entry under the lease, and an ouster by some third person. The modified action as sanctioned by RoUe was brought by a fictitious person as lessee against another fictitious person (the casual ejector) alleged to have committed the ouster. Service was made upon the tenant in possession, with a notice annexed from the casual ejector to appear and defend. If the tenant failed to do this, judgment was given by default, and the claimant put in possession. If he did appear, he was allowed to defend only by entering into the consent rule, by which he confessed the fictitious lease, entry, and ouster to have been made, leaving only the title in question. The tenant, by a subsequent statute, was obliged, under heavy penalties, to give notice to his lessor of
the pendency of the action. The action has been superseded in England by a form prescribed by the common law procedure act (1852, §§ 170-220), and has been materially modified in many of the states of the United States, though still retaining the name; but is retained in its original form in others, and in the United States courts for those states in which it existed when the circuit courts were organized. In some of the United States it has never been in use. See 3 Sharswood, Bl. Comm. 198-207; 1 Washb. Real Prop. (4th Ed.) 433.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

Back to TopBack to Top

This definition of Ejectment is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

A form of action brought to regain possession of real property and to obtain damages (in U.S. law) for its unlawful retention. The action of ejectment is used to test or establish title (in U.S. law) to real property (in U.S. law).

(Revised by Ann De Vries)

What is Ejectment?

For a meaning of it, read Ejectment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Ejectment.

Ejectment in State Statute Topics

Introduction to Ejectment (State statute topic)

The purpose of Ejectment is to provide a broad appreciation of the Ejectment legal topic. Select from the list of U.S. legal topics for information (other than Ejectment).

Resources

Further Reading

• Information about Ejectment in the Gale Encyclopedia of American Law.