The World's Largest Free and Online Legal Dictionary.


Legal Definition and Related Resources of Ejectment

Synonyms and Definition Contents

Meaning of Ejectment

A mixed action in which recovery of land, rents due and damages could be recovered in the same action. In strict sense, an action at law for the termination of a claim of right of possession to and recovery of possession of corporeal hereditaments. Bradshaw v Ashley, 180 U.S. 59, 21 S.Ct. 297,. In an action of ejectment, the plaintiff is required to show a present legal right to the possession of the premises as against the defendant , Staffan v Zeust, 10 App. D. C. 260; and if the plaintiff proves that on the day named he was in the actual , undisturbed and quiet possession of the premises, and the defendant thereupon entered and ousted him, the plaintiff has proof ofprima facie case, a presumption of title arises from the possession, and unless the defendant proves a better title, he will be ousted. Bradshaw v Ashley ( supra ). In England, before the passing of the common law procedure Act of 1852, an action on ejectment was a complicated one and a testimony to the ingenuity of the common law practitioners. Originally, an action in ejectment was available only to enforce possessory rights under a lease or other such chattel interest . An action for recovery of land by one entitled to the freehold was a real action and was extremely complex in procedure. In order to make an action in ejectment applicable to such actions for recovery of land, the courts permitted the plaintiff to introduce the fiction that he has leased the land to john doe who was dispossessed by the casual ejector .Richard Roe, during the currency of the lease. The action was commenced by the party claiming title delivering a declaration to the defendant in possession, stating the arrangement of the lease to John Doe and the Dispossession of John Doe by Richard Roe. Attached to this declaration was a notice to the defendant that Richard Roe had no title to the land and that if the defendant did not appear in the action Richard Roe would suffer judgment and accordingly the defendant would then be t.r.e. out of possession. The action was entitled Doe on the demise or lease, Jones v Brown or Doe d. Jones v Brown.

Ejectment Alternative Definition

(Lat. e, out of, jaeere, to throw, cast; ejieere, to cast out, to eject). In practice. A form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained. A form of action which lies to regain the possession of real property, with damages for the unlawful detention. In its origin, this action was an action of trespass which lay for a tenant for years, to recover damages against a person who had ousted him of his possession without right. To the judgment for damages, the courts soon added a judgment for possession, upon which the plaintiff became entitled to a writ of possession. As the disadvantages of real actions as a means of recovering lands for the benefit of the real owner from the possession of one who held them without title became a serious obstacle to their use, this form of action was taken advantage of by BoUe, C. J., to accomplish the same result. In the original action, the plaintiff had been obliged to prove a lease from the person shown to have title, an entry under the lease, and an ouster by some third person. The modified action as sanctioned by RoUe was brought by a fictitious person as lessee against another fictitious person (the casual ejector) alleged to have committed the ouster. Service was made upon the tenant in possession, with a notice annexed from the casual ejector to appear and defend. If the tenant failed to do this, judgment was given by default, and the claimant put in possession. If he did appear, he was allowed to defend only by entering into the consent rule, by which he confessed the fictitious lease, entry, and ouster to have been made, leaving only the title in question. The tenant, by a subsequent statute, was obliged, under heavy penalties, to give notice to his lessor of the pendency of the action. The action has been superseded in England by a form prescribed by the common law procedure act (1852, §§ 170-220), and has been materially modified in many of the states of the United States, though still retaining the name; but is retained in its original form in others, and in the United States courts for those states in which it existed when the circuit courts were organized. In some of the United States it has never been in use. See 3 Sharswood, Bl. Comm. 198-207; 1 Washb. Real Prop. (4th Ed.) 433.

Related Entries of Ejectment in the Encyclopedia of Law Project

Browse or run a search for Ejectment in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Ejectment in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Ejectment in Historical Law in the Encyclopedia of Law.

For more information about Historical Law definitions, see Historical Definitions in the Encyclopedia of Law. For more information about Historical Law Books and Legal Documents, see Legal Encyclopedia of Historical Books and Documents and Legal Encyclopedia of Books and Documents of the 20th Century.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Ejectment in the Legal Abbreviations and Acronyms Dictionary. The Legal Abbreviations and Acronyms Dictionary entries include explanations of the context of abbreviations or acronyms as well as the direct meaning.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Consent-rule, John Doe.


You might be interested in these references tools:

Resource Description
Ejectment in the Dictionary Ejectment in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Ejectment
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Ejectment in the World Encyclopedia of Law


This definition of Ejectment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

All the vocabularies in the Lawi Project are classified by type and subject domain. The purpose of Vocabularies is to facilitate the search and finding of the content by the use of controlled/code lists or controlled subject vocabularies. For browsing, select any type of vocabulary.

Resource Description
Classification System Principle-based method of organization.
Legal Index Detailed list of terms describing the content
Ontology A set of types, properties and relationships, using open vocabularies
Synonym Ring Retrieval-equivalent group of terms
Subject Headings List Alphabetical list with cross-references
Taxonomy Hierarchical collection of controlled vocabulary terms
Thesaurus A structured controlled vocabulary
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies
http://legaldictionary.lawin.org/ejectment/ The URI of Ejectment (more about URIs)

Law is our Passion

This entry about Ejectment has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Ejectment entry and the Encyclopedia of Law are in each case credited as the source of the Ejectment entry. Please note this CC BY licence applies to some textual content of Ejectment, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing Ejectment (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

Cite this entry

Legal Citations Generator
(2013, 04). Ejectment legaldictionary.lawin.org Retrieved 10, 2015, from http://legaldictionary.lawin.org/
"Ejectment" legaldictionary.lawin.org. 04 2013. 10 2015 <http://legaldictionary.lawin.org/>
"Ejectment" legaldictionary.lawin.org. legaldictionary.lawin.org, 04 2013. Web. 10 2015. <http://legaldictionary.lawin.org/>
"Ejectment" legaldictionary.lawin.org. 04, 2013. Accesed 10 2015. http://legaldictionary.lawin.org/
Encyclopedic, 'Ejectment' (legaldictionary.lawin.org 2013) <http://legaldictionary.lawin.org/> accesed 2015 October 6

Oxford Scholar: Search for Related Content


Schema Summary

  • Article Name: Ejectment
  • Author: Encyclopedic
  • Description: A mixed action in which recovery of land, rents due and damages could be recovered in the same action. In strict sense, an [...]

This entry was last modified: December 30, 2014

Co-Authors of this Entry:

Help us expand this entry

You can add text, modify any part of the entry or suggest subject matters that the entry should cover. Send your modifications to our editors for review.

Your email address will not be published. Required fields are marked *