Eviction
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Dispossession by process of law; the act of depriving a person of the possession of lands which he has held,-in pursuance of the judgment of a court. Technically, the dispossession must be by judgmentof law; if otherwise, itis an ovster. Bviction implies an entry under paramount title, #0 as to interfere with tho rights of the grantee. The object of the party making the entry is immaterial, whether ™ ba to take all or a part of the land itself or merely an incorporeal right. Phrascs equivalent in meaning are “ouster by paramount title,” “entry and disturbance, ” “possession under an elder title,” and the like.
5 Conn, 497.
Eyiction is an actual expulsion of the lessea out of all or some part of the demised premises.
4 Cow, 581, 585.
In a more popular sense, the term denotes turning a tenant of land out of possession, either by re-entry or by legal proceedings, such as an action of ejectment. Sweet. By a loose extension, the term is sometimes applied to the ousting of a person from the possession of chattels; but, properly, it applies only to realty. In the civil law. The abandonment which one is obliged to make of a thing, in pursuance of a sentence by which he is condemned todoso. Poth, Contr. Sale, pt.
2, ¢.1, § 2, art. 1, no. 83.
The abandonment which Evietion Ja the loss suffered by the buyer of the totality of the thing sold, or of a part thereof, occasioned by the right or claims of athird person, Oivil Code La. art.
2500.