Ejectment
idea · 2 works · 2 mentions · 3 anchored passages
ejectment · action of ejectment
in the texts
The Genius of the Common Law
A fictitious mode of proceeding allowing recovery of land itself without any special pleading, once a party has been actually turned out.
If you sue for a trespass to your land, however small the injury, the greatest strictness of pleading is required, but if you are actually turned out, you may recover the land itself by a fictitious mode of proceeding called ejectment, without any special pleading at all.
The Law of Torts
The action of ejectment, formally a species of trespass, which historically superseded the writ of right as the means of trying title to land.
On the contrary, an action of trespass—or of ejectment, which is a special form of trespass—has for centuries been a common and convenient method of trying an honestly disputed claim of right.
Not only was the writ of right first thrust into the background by the various writs of assize—forms of possessory real action which are a sort of link between the writ of right and the writ of trespass—and then superseded by the action of ejectment, in form a pure action of trespass;