Legal Term Dictionary

In old English law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment de garde," was the title of a writ which lay for a guardian when turned out of any land of his ward during the minority of the latter. Brown.

In old English law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment de garde," was the title of a writ which lay for a guardian when turned out of any land of his ward during the minority of the latter. Brown. Less...

Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, reversioner, remainder-man, or any stranger ejected or ousted the lessee of his term, ferme, or farm, More...

Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, reversioner, remainder-man, or any stranger ejected or ousted the lessee of his term, ferme, or farm, (ipsum a ftrma ejecit.) In this case the latter might have his writ of ejection, by which he recovered at first damages for the trespass only, but it was afterwards made a remedy to recover back the term Itself, or the remainder of it, with damages. Reg. Orig. 227b; Fitzh. Nat. Brev. 220, F, G; 3 Bl. Comm. 199; Litt I 322; Crabb, Eng. Law, 290, 448. It is the foundation of the modern action of ejectment. Less...

At common law, this was tbe name of a mixed action (springing from the earlier personal action of ejectione flrmw) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for More...

At common law, this was tbe name of a mixed action (springing from the earlier personal action of ejectione flrmw) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a purely fictitious person, as lessee in a supposed lease from the real party in interest. The latter's title, however,, must be established in order to warrant a recovery, and the establishment of such title, though nominally a mere Incident, is in reality the object of the action. Hence this convenient form of suit came to be adopted as the usual method of trying titles to land. See 3 Bl. Comm. 199. French v. Robb, 67 N. J. Law, 260, 51 Atl. 509, 57 L. R. A. 956. 91 Am. St. Rep. 433; Crockett v. Lashbrook, 5 T. B. Mon. (Ky.) 538, 17 Am. Dec 98; Wilson v. Wightman, 36 App. Div. 41, 55 N. T. Supp. 806; Hoover v. King, 43 Or. 281, 72 Pac. 880, 65 IA It A. 790, 99 Am. St. Rep. 754; Hawkins v. Relchert 28 Cal. 536. It was the only mixed action at common law, the whole method. -of proceeding in which was anomalous, and depended on fictions invented and upheld by the court for the convenience of justice, in order to escape from the inconveniences which were found to attend the ancient forms of real and mixed actions. It is also a form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained. -Ejectment bill. A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction; hence demurrable. Crane v. Conklin, 1 N. J. Eq. 353, 22 Am. Dec. 519. -Equitable ejectment. A proceeding in use in Pennsylvania, brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectment, but is in reality a substitute for a bill in equity. Riel v. Gannon, 161 Pa. 289, 29 Atl. 55; McKendry v. McKendry, 131 Pa. 24, 18 Ati. 1078, 6 L. R. A. 506.-Justice ejectment. A statutory proceeding in Vermont, for the eviction of a tenant holding over after termination of the lease or breach of its conditions. Foss v. Stanton, 76 Vt 365, 57 Ati. 942. Less...

One who ejects, puts out, or dispossesses another. -Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is supposed to come casually or by accident upon the premises and to eject the lawful possessor. 3 ll. More...

One who ejects, puts out, or dispossesses another. -Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is supposed to come casually or by accident upon the premises and to eject the lawful possessor. 3 ll. Comm. 203. Less...

That which is thrown up by the sea. Also jetsam, wreck, etc.

That which is thrown up by the sea. Also jetsam, wreck, etc. Less...

In old English law. A whoremonger. Blount.

In old English law. A whoremonger. Blount. Less...

In Spanish law. The name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It coresponda to the actio exercitoria of the Roman law. Mackeld. Rom. Law, s 512.

In Spanish law. The name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It coresponda to the actio exercitoria of the Roman law. Mackeld. Rom. Law, s 512. Less...

In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo, or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 16 Gal. 554.

In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo, or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 16 Gal. 554. Less...

Renouncing or resigning one's place. Ejus est interpreter! eujus est con-o dare. It is his to interpret whose it is to enact. Tayl. Civil Law, 96. Ejus est nolle, qui potest Telle. He who can will, [exercise volition,] has a right to refuse to will, [to withhold consent] Dig. 60, More...

Renouncing or resigning one's place. Ejus est interpreter! eujus est con-o dare. It is his to interpret whose it is to enact. Tayl. Civil Law, 96. Ejus est nolle, qui potest Telle. He who can will, [exercise volition,] has a right to refuse to will, [to withhold consent] Dig. 60, 7, 3. Ejus est perioulum eujus est dominium ant oommodum. He wha has the dominion or advantage has the risk. Ejus nulla culpa est, eui parere ne-oesse sit. No guilt attaches to him who is compelled to obey. Dig. 50, 17, 169, pr. Obedience to existing laws is a sufficient extenuation of guilt. before a civil tribunal. Broom, Max. 12, note. Less...

Of the same kind, class, or nature. In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration-of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held More...

Of the same kind, class, or nature. In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration-of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Black, Interp. Laws, 141; Cutshaw v. Denver, 19 Colo. App. 341, 75 Pac. 22; Ex parte Iceland, 1 Nott & McC. (S. C.) 462; Spalding v. People, 172 111. 40, 49 N. E. 993. Less...