Casual Ejector
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
practice, torts. Formerly in the trial of right to lands by ejectment, was a person supposed casually or by accident to come upon the land, and turn out the lawful possessor; he was called the casual ejector. Originally in order to try the nght by ejectment, several the land in question, upon which the owner was to make a formal entry; and being so in possession he executed a lease to some third person or lessee, leaving him in_ possession; then the prior tenant or some other person, called the casual ejector, either by accident or by agreement beforehand, came upon the land and turned him out, and for this ouster or turning out, the action was brought. But these formalities are now dispensed with, and the trial relates merely to the title, the defendant being bound to acknowledge the lease, entry, and ouster.
3 Bl. Com. 202; Dane’s Ab. Index, h. t.