Ejecta

A woman ravished or deflowered, or cast forth from the virtuous. Blount. EJECTIONE CUSTODIAE (Lat.) A writ which lay for a guardian to recover the land or person of his ward, or both, where he had been deprived of the possession of them. Fitzh. Nat. Brev. 139 (L); Co. Litt. 199. EJECTIONE FIRMAE (Lat. ejectment from a farm). This writ lay where lands or tenements were let for a term of years, and afterwards the lessor, reversioner, remainderman, or a stranger ejected or ousted the lessee of his term. The plaintiff, if he prevailed, recovered the term with damages. This writ is the original foundation of the action of ejectment. 3 Sharswood, Bl. Comm. 199; Fitzh. Nat. Brev. 220 (F), (G); Gibson, Eject 3; Stearns, Real Actions, 53, 400. EJECTMENT (Lat. e, out of, jaeere, to throw, cast; ejieere, to cast out, to eject).

In practice. A form of action by which possessory titles to corporeal hereditaments may be tried and possession obtained. A form of action which lies to regain the possession of real property, with damages for the unlawful detention. In its origin, this action was an action of trespass which lay for a tenant for years, to recover damages against a person who had ousted him of his possession without right. To the judgment for damages, the courts soon added a judgment for possession, upon which the plaintiff became entitled to a writ of possession. As the disowner from the possession of one who held them without title became a serious obstacle to their use, this form of action was taken advantage of by Bo Ue, C. J., to accomplish the same result. In the original action, the plaintiff had been obliged to prove a lease from the person shown to have title, an entry under the lease, and an ouster by some third person. The modified action as sanctioned by Ro Ue was brought by a fictitious person as lessee against another fictitious person (the casual ejector) alleged to have committed the ouster. Service was made upon the tenant in possession, with a notice annexed from the casual ejector to appear and defend. If the tenant failed to do this, judgment was given by default, and the claimant put in possession. If he did appear, he was allowed to defend only by entering into the consent rule, by which he confessed the fictitious lease, entry, and ouster to have been made, leaving only the title in question. The tenant, by a subsequent statute, was obliged, under heavy penalties, to give notice to his lessor of the pendency of the action. The action has been superseded in England by a form prescribed by the common law procedure act (1852, §§ 170-220), and has been materially modified in many of the states of the United States, though still retaining the name; but is retained in its original form in others, and in the United States courts for those states in which it existed when the circuit courts were organized. In some of the United States it has never been in use. See 3 Sharswood, Bl. Comm. 198-207; 1 Washb. Real Prop. (4th Ed.) 433.

In old Englishlaw. A woman’ ravished or defiowered, or cast forth from the virtuous. Blount.