Ejectment

Ejectment in Europe

Definition of Ejectment

Originally the action of ejectment was a remedy applicable to a leaseholder wrongfully dispossessed, but owing to the cumbrousness of the old real actions for trying the right to the freehold, it was extended to freeholds by means of legal fictions. There was an imaginary lease by the person claiming the freehold to an imaginary ” John Doe ” who was assumed to be ejected by an imaginary ” Richard Roe ” (the casual ejector). The claimant, to substantiate the lease, endeavoured to prove his title and the person in possession was allowed to defend on admitting the fictions, and thus the freehold title was put in issue. An action was entitled, e.g., Doe d. Rigge v. Bell (= Doe, on the demise or lease of Rigge v. Bell). It was abolished by the Common Law Procedure Act, 1852, and now replaced by the action for recovery of land

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Definition of Ejectment is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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