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no ejectment for highway/dedicated street

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 31 U.S. 431 - The President Recorder and Trustees of the City of Cincinnati v. The Lessee of Edward White · 1832Most cited · 213 citing opinions

This is a possessory action, and the plaintiff, to entitle himself to recover, must have the right of possession; and whatever takes away this right of possession, will deprive him of the remedy by ejectment... The purpose for which the action is brought, is not to try the mere abstract right to the soil, but to obtain actual possession; the very thing to which the plaintiff can have no exclusive or private right. This would be utterly inconsistent with the admitted public right. That right consists in the uninterrupted enjoyment of the possession. The two rights are therefore incompatible with each other, and cannot stand together.