A land claims land against X, why should he be forced to say that he, A, destroyed the land to John Doe, who was evicted, and to sue on behalf of John Do —why shouldn`t it be enough to say in an trespass lawsuit that A himself was evicted? The answer to this question, I think, is that – if you are a free owner claiming land, you should bring an entry writ or a right writ. If you, as a free owner, have been excluded, which is a disseisin, you should bring the foundations of the novel disseisin. The law has provided you with many remedies, both exclusive and possessive — you must use them. If it seems to us that such an answer is not satisfactory, we should try to examine the question from X`s point of view. Does he not have a personal interest, so to speak, in maintaining the old procedure? They propose to use against him an act in which he can be imprisoned and banished, while the law, provided that he is wrong, has provided for other forms of acts that do not allow this procedure against his person. [A] An evasive maneuver has been discovered to make the effect of the firmae ejection generally available to allow each applicant to repossess the land. They are in possession of a piece of land that I say I am the real owner, the tenant in fief quite simply. If that`s correct, I usually have an entrance fee. In fact, I intervene and there I make a lease for years to a third person, John Doe.

John Doe stays in the countryside until he is ousted by you, then brings the action, the intervention in the sputum or, in short, the expulsion. To win his claim, he must prove (1) my right of entry, (2) the lease, (3) his entry under the lease, and (4) his eviction by you. When all this is proven, he recovers with damages. On this form, there is a variation. I put John Doe on the land as a tenant and he is not ousted by you, but by a fourth person, William Stiles. Doe then has the deportation lawsuit against Stiles, but there is a rule that no plaintiff can proceed with the deportation without informing the person who is actually in possession and giving him the opportunity to appear as a defendant if he wishes. Where Doe pursues Stiles, Stiles informs you of the action and you, if you don`t want the earth to be directed against Doe, defend the action in Stiles` place. In the end, my title against you is questioned in the trial. [3] The deportation trial could not take place until the following March or April. As a form of trial, ejection fell into oblivion in England as a result of the Common Law Procedure Act of 1852. In the United States, sputum had become an integral part of colonial law, but was reformed early to abolish technical fictions that relate to the law and make it a title trial that could be used directly by any landowner. Today, most U.S.

states have ejection laws. It was an ejecta brought in to restore the presbytery and Exeter College, Oxford. “If you were lazy enough for that, she could probably ask the judges for an eviction,” Percy replied lazily. Eviction, under Anglo-American property law, legal action to recover land from unjust property and financial compensation for his illegal imprisonment from the country. Britannica.com: Encyclopedia article on sputum “sputum”. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/ejectment. Retrieved 11 October 2022. These sample sentences are automatically selected from various online information sources to reflect the current use of the word “ejecta”. The opinions expressed in the examples do not represent the opinion of Merriam-Webster or its editors.

Send us your feedback. Originally, successful eviction meant the reclaim of land ownership, for example against a defaulting tenant or intruder who had no (or no longer) the right to stay there. It continued to be used for this purpose, although terminology has changed in some jurisdictions. Everyone in ancient England was tied to the land. The feudal burial system determined social, economic, political and legal rights. The stability of the system depended on the security of the right of every person to own or own land. For this reason, the first types of prosecutions were those that allowed the assertion of rights to the land. At the end of the thirteenth century, the trial for trespassing was allowed against someone who invaded the plaintiff`s property. The ejection action branched out as another action to relieve someone whose property had been disturbed.

Thus, the plaintiff could claim that he was in possession of a certain piece of land and that the property had been taken by the defendant. The plaintiff could do this by obtaining a registration order from the court clerk – a king`s order asking the defendant to let the plaintiff return to the land taken by the defendant or to appear in court to answer the charges. The defendant could then appear and deny that the plaintiff had been expropriated, or prove that as a defendant he had a prior and better right to own the land. A trial was held to resolve the case. If it turns out that the defendant has unfairly deprived the plaintiff of possession of the property, he could be forced to pay a lien or a fine. This fine became a precedent for the subsequent practice of awarding pecuniary damages to the successful plaintiff in addition to restoring possession of the land. Over time, lawsuits have been used to attempt land claims instead of older real-world actions such as the size of a new disseminator. A practice developed of trying to claim ownership of the land through special ejection, mainly to ensure a low court, and had the added benefit of some confidentiality among the noble earthlings.

Under these broken sheets, would law enforcement officers have to confirm a proper return to the deportation order? The plot, which dates back to Roman law, had its early development in feudal England. In the second half of the 16th century, exclusion was commonly used to assess the ownership of each property. In its technical functioning, it was highly fictitious, mainly because it was a personal action and not a real action and could only be maintained to correct an injustice done to the person. The sputum trial has been preferred to various forms of actual litigation because of the legal complexity that many landowners have left in pleading and evidence either without recourse or the grace of technical hairline procedures. For example, landowners who wanted to establish their legitimate title often used fictitious tenants to maintain the eviction action; Since a determination of the legal validity of the landlord`s property was necessary to establish a tenant`s right of possession, the important outcome of the lawsuit in many cases was judicial recognition of the landlord`s legitimate property. n. a lawsuit to remove a party occupying real estate. This is not the same as an action for illegal detention (eviction) against an unpaid or unsatisfactory tenant. It is against someone who has tried to claim ownership of the property.

Example: George Grabby lives on a ranch he claims to have inherited from his great-uncle, but Betty Benefield sues for identification on the grounds that she was in fact entitled to the property through her parents. Originally, the ejection action was intended to protect the rights of a tenant who had leased the land. In the end, it became the main method of determining the ownership of real estate. When the issue of land ownership became an issue, it was important to describe the property as carefully as it would be described in a deed to a buyer. This led the court to apply very strict formal details, and the deportation action became less attractive to the plaintiffs, as there was a possibility that the case would be lost on a procedural issue. The old ejection action does not exist today, but each state has a law that describes a modern procedure for regaining ownership of real estate. Modern ejection actions are still a bit slow and expensive. They are most often used by landlords who are trying to repossess their premises from stubborn tenants. States generally have another law that allows for the effective eviction of a tenant through a summary procedure, but a landlord can only continue the simpler procedure if the tenant has broken the lease in some way. The details of ejection and summary expropriation proceedings vary considerably from state to state. Sputum, remedy. The name of a lawsuit to restore ownership of real estate and seek damages for illegal detention.

In its nature, it is completely different from a real action. 2 Mandate as a representative; 696, 700. See 17 p. & R. 187 and the authorities cited. (2) This subject may be referred to in 1. On the form of the procedure. 2d. The type of property or thing to be restored.3d. On the right to such property.

4. The nature of the expulsion or injury. 5. The judgment. 3.-1. In English practice, which is still respected in some States, the party claiming title enters the land and then leases it to a third person who, after being expelled for him by the other plaintiff or someone else, takes legal action against the ejector in his own name; To assert the lawsuit, the tenant must prove a good title to the owner, and in this way the title is attempted.