ejectment
n . 放逐,追逐出,排出
放逐,追逐出,排出
Ejectment \
E *
ject "
ment \,
n .
1 .
A casting out ;
a dispossession ;
an expulsion ;
ejection ;
as ,
the ejectment of tenants from their homes .
[
1913 Webster ]
2 . (
Law )
A species of mixed action ,
which lies for the recovery of possession of real property ,
and damages and costs for the wrongful withholding of it . --
Wharton .
[
1913 Webster ]
EJECTMENT ,
remedies .
The name of an action which lies for the recovery of the possession of real property ,
and of damages for the unlawful detention .
In its nature it is entirely different from a real action .
2 Term Rep ;
696 ,
700 .
See 17 S . &
R .
187 ,
and ,
authorities cited .
2 .
This subject may be considered with reference ,
1st .
To the form of the ,
proceedings .
2d .
To the nature of the property or thing to be recovered .
3d .
To the right to such property .
4th .
To the nature of the ouster or injury .
5th .
To the judgment .
3 .-
1 .
In the English practice ,
which is still adhered to in some states ,
in order to lay the foundation of this action ,
the party claiming title enters upon the land ,
and then gives a lease of it to a third person ,
who ,
being ejected by the other claimant ,
or some one else for him ,
brings a suit against ,
the ejector in his own name ;
to sustain the action the lessee must prove a good title in the lessor ,
and ,
in this collateral way ,
the title is tried .
To obviate the difficulty of proving these forms ,
this action has been made ,
substantially ,
a fictitious process .
The defendant agrees ,
and is required to confess that a lease was made to the plaintiff ,
that he entered under it ,
and has been ousted by the defendant ,
or ,
in other words ,
to admit lease ,
entry ,
and ouster ,
and that he will rely only upon his title .
An actual entry ,
however ,
is still supposed ,
and therefore ,
an ejectment will not lie ,
if the right of entry is gone .
3 Bl .
Com .
199 to 206 .
In Pennsylvania ,
New York ,
Arkansas ,
and perhaps other states ,
these fictions have all been abolished ,
and the writ of ejectment sets forth the possession of the plaintiff ,
and an unlawful entry on the part of the defendant .
4 .-
2 .
This action is in general sustainable only for the recovery of the possession of property upon which an entry might in point of fact be made ,
and of which the sheriff could deliver actual possession :
it cannot ,
therefore ,
in general ,
be sustained for the recovery of property which ,
in legal consideration ,
is not tangible ;
as ,
for a rent ,
or other incorporeal hereditaments ,
a water -
course ,
or for a mere privilege of a landing held in common with other citizens of a town .
2 Yeates ,
331 ;
3 Bl .
Com .
206 ;
Yelv .
143 ;
Run .
Eject .
121 to 136 Ad .
Eject .
c .
2 ;
9 John .
298 ;
16 John .
284 .
5 .-
3 .
The title of the party having a right of entry maybe in fee -
simple ,
fee -
tail ,
or for life or years ;
and if it be the best title to the property the plaintiff will succeed .
The plaintiff must recover on the strength .
of his title ,
and not on the weakness or deficiency of that of the defendant .
Addis .
Rep .
390 ;
2 Serg . &
Rawle ,
65 ;
3 Serg . &
Rawle ,
288 ;
4 Burr .
2487 ;
1 East ,
R .
246 ;
Run .
Eject .
15 ;
5 T .
R .
110 .
6 .-
4 .
The injury sustained must in fact or in point of law have amounted to an ouster or dispossession of the lessor of the plaintiff ,
or of the plaintiff himself ,
where the fictions have been abolished ;
for if there be no ouster ,
or the defendant be not in possession at the time of bringing the action ,
the plaintiff must fail .
7 T .
R .
327 ;
1 B . &
P .
573 ;
2 Caines '
R .
335 .
7 .-
5 .
The judgment is that the plaintiff do recover his term ,
of and in the tenements ,
and ,
unless the damages be remitted ,
the damages assessed by the jury with the costs of increase .
In Pennsylvania ,
however ,
and ,
it is presumable ,
in all those states where the fictitious form of this action has been abolished ,
the plaintiff recovers possession of the land generally ,
and not simply a term of years in the land .
See 2 Seam .
251 ;
4 B .
Monr .
210 ;
3 Harr .
73 ;
1 McLean ,
87 .
Vide ,
generally ,
Adams on Ej .;
4 Bouv .
Inst .
n .,
3651 ,
et seq .;
Run .
Ej .;
Com .
Dig .
h .
t .;
Dane '
s Ab .
h .
t .;
1 Chit .
Pl .
188 to 193 ;
18 E .
C .
L .
R .
158 ;
Woodf .
L . &
T .
354 to 417 ;
2 Phil .
Ev .
169 .;
8 Vin .
Ab .
323 ;
Arch .
Civ .
Pl .
503 ;
2 Sell .
Pr .
85 ;
Chit .
Pr .
Index ,
h .
t .;
Bac .
Ab .
h .
t Doct .
Pl .
227 ;
Am .
Dig .
h .
t .;
Report of the Commissioners to Revise the Civil Code of Pennsylvania ,
January 16 ,
1835 ,
pp .
80 ,
81 ,
83 ;
Coop .
Justinian ,
448 .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Taiwan – Wikipedia Poliittisesti ja taloudellisesti Taiwan ja Kiinan kansantasavalta ovat kuitenkin kulkeneet jo vuosikymmeniä eri suuntiin Yhdysvallat tasapainoilee kahden valtion välillä
Taiwan | History, Flag, Map, Capital, Population, Facts | Britannica Taiwan is an island in the western Pacific Ocean that lies roughly 100 miles (160 km) off the coast of southeastern China Taipei, in the north, is the seat of government of the Republic of China (ROC; Nationalist China)
Taiwan News - Voice of the People, Bridge to the World Taiwan News provides the latest stories on all things related to Taiwan, from breaking news to articles on politics, business, technology, society, travel, cuisine, and culture, among others
Where is Taiwan? Culture, Facts Travel - CountryReports Discover Taiwan Explore Taiwan facts, culture, history comprehensive country profile with maps, statistics research resources for students travelers
ABOUT TAIWAN - Taiwan. gov. tw - Government Portal of the Republic of . . . With its unique fusion of cultures, breathtaking scenery, diverse cuisine, exciting city life and well-developed hospitality industry, Taiwan is an ideal destination for all types of travelers
Taiwan - Country Profile | OpenFactBook World Factbook Taiwan: Population 23 60M, GDP $611 39B, Capital Taipei Comprehensive country profile with geography, economy, government data and more
Taiwan Maps Facts - World Atlas Taiwan (Republic of China) is located about 160 km off the Southeast coast of the continent of Asia, at the western edge of the Pacific Ocean between Japan and the Philippines
Taiwan Facts, Map, Population, GDP | The World Factbook With the communist victory in the Chinese civil war in 1949, the Nationalist-controlled Republic of China government and 2 million Nationalists fled to Taiwan and continued to claim to be the legitimate government for mainland China and Taiwan, based on a 1947 constitution drawn up for all of China
Taiwan Travel Guide (Updated 2026) - Nomadic Matts Travel Site A comprehensive budget travel guide to Taiwan with tips on what to do, where to stay, transportation, costs, and ways to save!
Taiwan country profile - BBC News Provides an overview of Taiwan, including key dates and facts about this Asian nation