Ejectment

At common law, this was the name of a mixed action (springing from the earlier personal action of e¢/ectione jirme) 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 ficlitions person, as lessee ina supposed lease fromm the real party in interest, ‘The latter’s title, however, must be estallished 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 BI. Comm, 199.

It was the only mixed action at common law, the whole method of proceeding in which was anomalous, und depended on fictions invented and upheld by the court for the convenience of justice, in order to from the inconveniences which were It is also a form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained.