{"id":3925,"date":"2017-08-05T18:09:31","date_gmt":"2017-08-05T18:09:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=3925"},"modified":"2018-05-14T16:54:04","modified_gmt":"2018-05-14T16:54:04","slug":"ejectment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=3925","title":{"rendered":"Action of Ejectment – an owner or occupier who was wrongfully ejected recovers possession, damages, & costs"},"content":{"rendered":"

ejectment<\/span>:
\n<\/strong><\/span>(16c.)<\/span><\/p>\n

1. The ejection of an owner or occupier from property. <\/strong><\/span><\/p>\n

2. A legal action by which a person wrongfully ejected from property seeks to recover possession, damages, & costs. <\/strong><\/span><\/p>\n

3. The writ by which such an action is begun. \u00a0The essential allegations in an action for ejectment are that:<\/strong><\/span><\/p>\n

1.) The plaintiff has title to the land.<\/strong><\/span><\/p>\n

2.) The plaintiff has been wrongfully dispossessed or ousted.<\/strong><\/span><\/p>\n

3.) The plaintiff has suffered damages. <\/strong><\/span><\/p>\n

\u2014 aka\u00a0action of ejectment<\/em><\/span><\/strong>; action for the recovery of land<\/em><\/strong><\/span>; ejection<\/em><\/strong><\/span>. See FORCIBLE ENTRY AND DETAINER<\/em>.\u201d<\/strong> [1]<\/span><\/p>\n

1. An action at common law for the right to possession of land.<\/strong>\u00a0 See also\u00a0forcible detainer<\/em>;\u00a0forcible entry and detainder. <\/em>[2]<\/span><\/p>\n

1. An action which is purely possessory; a form of action in which the right of possession to corporeal hereditaments may be tried and possession obtained.\u00a0\u00a0Kingsnorth v Baker,\u00a0<\/em>213 Mich 294, 182 NW 108<\/span>.<\/span><\/strong><\/p>\n

At common law a purely possessory action; even as modified by statute, and though based upon title, it is essentially of that nature.\u00a0 25 Am J2d Eject\u00a0\u00a7 1<\/span>.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See equitable ejectment; writ of ejectment.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from George W. Warvelle’s\u00a0<\/span>A Treatise on the Principles & Practice of the Action of Ejectment<\/em><\/a>:<\/span><\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u201cThe evolution of the action of ejectment from its primitive form as a mere action of trespass, enabling a lessee of lands to recover damages when ousted of his possession, through a series of most ingenious fiction, which were afterwards added to enable him to recover possession as well, until its final establishment as the proper method of trying all disputed titles to real property, presents to the student of legal science one of the most interesting studies that the history of the law affords. Few remedies have passed through so many changes of form, both in pleading & practice, & yet retained the same distinctive character that marked their origin.<\/span>\u201d\u00a0<\/strong>[4]<\/span><\/p>\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from R.F.V. Heuston’s<\/span>\u00a0Salmond on the Law of Torts<\/a><\/em>:<\/span><\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAny person wrongfully dispossessed of land may sue for the specific restitution of it in an action of ejectment. Originally this action was a special variety of trespass & available only to leaseholders. But in time & by the aid of the most elaborate fictions it came to be used by freeholders also. All these fictions have now been swept away; in theory even the term ejectment has been replaced by the term action for the recovery of land. The older term is, however, replaced in practice.<\/span>\u201d\u00a0<\/strong>[5]<\/span><\/p>\n

\n

Related Actions:<\/strong><\/span><\/p>\n

Action for Mesne Profits<\/a> –<\/span><\/span> following a successful action of ejectment, a lawsuit filed by the landowner to recover from losses\/damages suffered as a result of:<\/span><\/strong><\/span><\/p>\n

1.) the use of the land during the wrongful occupation <\/strong><\/span><\/p>\n

2.) the costs of ejectment.<\/strong><\/span><\/p>\n

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Federal Laws & Legal Remedies to Protect Native (“Indian”) Landowners<\/a><\/strong><\/span><\/p>\n

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References:<\/strong><\/span><\/p>\n

\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/a><\/strong><\/span><\/p>\n

[2]:<\/span>\u00a0<\/span><\/strong>Ballantine’s Law Dictionary <\/a>Legal Assistant Edition<\/a>\u00a0<\/em>by Jack Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[3]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/strong><\/span><\/p>\n

[4]:\u00a0George W. Warvelle’s\u00a0A Treatise on the Principles & Practice of the Action of Ejectment <\/a>\u00a7 4, at 4-5 (1905)<\/strong><\/span><\/p>\n

[5]:\u00a0R.F.V. Heuston, Salmond on the Law of Torts <\/a>41 (17th ed. 1977)<\/strong><\/span><\/p>\n<\/div>\n

[6]:<\/strong><\/span>\u00a0Rollin M. Perkins & Ronald N. Boyce, Criminal Law \u00a0& Procedure<\/a><\/em> 487-88 (3d. ed. 1982):\u00a0www.amazon.com\/Criminal-Law-Procedure-University-Casebooks\/dp\/1599412489<\/a><\/strong><\/span><\/div>\n
<\/div>\n
[7]:<\/strong>Benjamin J. Shipman, Handbook of Common-Law Pleading<\/a><\/em> \u00a7 74, at 188 (Henry Winthrop Ballantine ed. 1923): \u00a0www.worldcat.org\/title\/handbook-of-common-law-pleading\/oclc\/60737313<\/a><\/strong>
\n<\/strong><\/span><\/span>
\n<\/strong><\/span><\/span><\/div>\n

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