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:
38 Best Things to Do in NYC in 2026 | U. S. News Travel Looking for the best things to do in New York City? Plan your trip with these expert tips for iconic attractions, including the Statue of Liberty, Broadway and more
THE 15 BEST Things to Do in New York City (2026) - Tripadvisor Start with sightseeing NYC’s greatest hits: Times Square, the Empire State Building, the Statue of Liberty, and spend the rest of your time checking out neighbourhood gems
100 Best Things to Do in NYC for locals and tourists - Time Out Craving the best things to do in New York City? Discover top places to eat and drink, must-see museums, cool attractions and more
NYC Bucket List: 50 Epic Things to Do in New York City With 5 days in New York City, you can visit the icons of New York…the Statue of Liberty, the Empire State Building, Times Square, and Central Park…and also have enough time to explore different neighborhoods, try new foods, and see a Broadway show
NYC Bucketlist: My 88 Favorite Things to Do - Travel Lemming Although it’s impossible to see everything in one trip, I’ll give you the very best that New York City has to offer, from famous buildings to hidden gems that fly under the radar And don’t forget to bookmark our awesome guide on the best places to stay in NYC!
40 Best Things to Do in New York City - Travel From touring world-class art museums to enjoying outdoor green spaces, here are 40 of the best things to do in New York City
65 Fun Things To Do In NYC (New York) - Attractions Activities Explore the best things to do in NYC, from top attractions to hidden gems Plan your unforgettable New York City adventure today!
NYC Bucket List 2026: 15 Best Things to Do More New York City, the city that never sleeps, is truly one of the best cities in the world Here are the 15 best things to do in NYC, from going up the Empire State Building to visiting the Met and so much more
Things To Do in NYC: Top 10 Attractions in New York City Looking for the best things to do in NYC? See all the iconic landmarks and famous attractions with these top 10 places to visit in New York City
Things To Do in New York City - 108 Attractions | Visit A City Plan your visit to New York City with complete information on New York City attractions - Times Square, Empire State Building, Brooklyn Bridge and all other popular landmarks and attractions