Writ Of Ejectment

In practice

The name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession. See "Ejectment." ant (or owner) has been disseised or otherwise wrongfully dispossessed. If the disseisor has aliened the land, or if it has descended to his heir, the writ of entry is said to be in the per, because it alleges that the defendant (the alienee or heir) obtained possession "through" the original disseisor. If two alienations (or descents) have taken place, the writ is in the per and cut, because it alleges that the defendant (the second alienee) obtained possession "through" the first alienee, to whom the original disseisor had aliened it. If more than two alienations (or descents) have taken place, the writ is in the post, because it simply alleges that the defendant acquired possession "after" the original disseisin.

Co. Litt. 238b; 3 Bl. Comm. 180.

The writ of entry was abolished, with other real actions, in England, by St. 3 & 4 Wm. IV. c. 27, § 36, but is still in use in a few of the states of the Union.