3
edits
Changes
Jump to navigation
Jump to search
create Ejectment page
Ejectment is an English common law [[Form Of Action]] for the recovery of [[Realty]], [[Real Estate]] specifically. If the plaintiff prevails at trial, the court will award him his remedy under his action of ejectment, which is a [[Writ Of Possession]] for recovery of possession of the real estate in question.
Ejectment is premised on a legal fiction known as "casual ejector", designed to circumvent some of the limitations of the old English court system. A legal action in ejectment creates a fictional stipulation of fact which allows the case to be tried within the jurisdiction of the English Court of King's Bench rather than the English Court of Common Pleas. A disadvantage of Common Pleas at first was that precedents made the selection of diverse Real Actions too difficult, and therefore the ejectment, with its fiction, was eventually welcomed as a means of simplifying and consolidating many real actions.
Ejectment is premised on a legal fiction known as "casual ejector", designed to circumvent some of the limitations of the old English court system. A legal action in ejectment creates a fictional stipulation of fact which allows the case to be tried within the jurisdiction of the English Court of King's Bench rather than the English Court of Common Pleas. A disadvantage of Common Pleas at first was that precedents made the selection of diverse Real Actions too difficult, and therefore the ejectment, with its fiction, was eventually welcomed as a means of simplifying and consolidating many real actions.