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Topic: Ejectment

	Ejectment - LoveToKnow 1911
		It should be noted that the term "ejectment" applies in law to distinct classes of proceedings - ejectments as between rival claimants to land, and ejectments as between those who hold, or have held, the relation of landlord and tenant.
		In the United States, the old English action of ejectment was adopted to a very limited extent, and where it was so adopted has often been superseded, as in Connecticut, by a single action for all cases of ouster, disseisin or ejectment.
		In some of the states a tenant against whom an action of ejectment is brought by a stranger is bound under a penalty, as in England, to give notice of the claim to the landlord in order that he may appear and defend his title.
	www.1911encyclopedia.org /Ejectment (1807 words)

	OSCN Found Document:ELLER v. NOAH.
		A defendant in an ejectment suit is not estopped to contest on appeal an adverse judgment on account of prematurely making demand for the trial of his rights under occupying claimant act, and may upon motion withdraw such demand thus prematurely made.
		A recovery by plaintiff in an ejectment suit may be defeated by defendant showing title in himself; and title in defendant may be shown, though it be acquired subsequent to the commencement of the action.
		WEST, C. ¶1 This suit in ejectment was begun in the district court of Woods county by defendant in error against plaintiff in error to recover possession of certain lots located in the town of Alva, in said county.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=28249 (1551 words)

	[No title] (Site not responding. Last check: 2007-10-03)
		18-61-103 (1987), which prohibits an ejectment action when a plaintiff who has been five years out of possession does not claim title to the lands, the supreme court concluded that the statute was inapplicable because appellant did claim title to the lot in question.
		Appellant Karl Schwarz contends that the chancellor erred in applying the statute of limitations for cancellation of instruments, which is five years, to an ejectment matter as opposed to the statute for removal of a person from land, which is seven years.
		On October 22, 1993, Schwarz filed a lis pendens and an action for ejectment or, in the alternative, a partition of the property in Pulaski County Circuit Court on the basis that the "correction deed" purportedly signed by him was a forgery.
	courts.state.ar.us /opinions/1996a/961028/96-458.txt (2117 words)

	Washington and Seattle Landlord - Tenant Laws - Caselaw (Site not responding. Last check: 2007-10-03)
		The owner's proper cause of action for obtaining possession is ejectment, not unlawful detainer, at which the prospective purchaser may counterclaim for the reasonable value of the improvements made to the premises.
		Both ejectment and unlawful detainer are recognized as legal methods of evicting tenants who do not pay their rent.
		Ejectment is a remedy for one who, claiming a paramount title, is out of possession.
	www.accessevictions.com /id51.html (1767 words)

	Doe dem Unwin v Salter [1833] NSWSupC 109 (2 December 1833)
		The deft was prima facie in peaceable possession at the time of the Ejectment served, and as there was no evidence of the defts having forcibly evicted the plf.
		Ejectment brought to recover the possession of a certain piece of ground in Sydney.
		Revington (2 Saunders 111) it had been decided that in ejectment, priority of possession alone gives a good title to the lessor of the plaintiff against the defendant and all the world, excepting against the person legally entitled to the estate.
	www.austlii.edu.au /au/other/NSWSupC/1833/109.html (2046 words)

	Williams v. Guthrie
		DAVIS, J. -- This suit in the court below was an action in ejectment brought by the defendants in error as plaintiffs against the plaintiff in error as defendant, for the recovery of possession of a certain dock or pier in the City of Cortez, a small fishing village in Manatee County.
		The rule is that in an ejectment suit the plaintiff in ejectment must recover on the strength of his own title and not on the weakness of his adversary's.
		Such judgment should therefore be reversed and the cause remanded with instructions to dismiss the proceeding in ejectment without prejudice to any right of action which either party may have with reference to contractual obligations contained in instruments of conveyance inuring to the benefit of either of the parties.
	www.floridageomatics.com /flalaw/cases/williams-guthrie.htm (750 words)

	OSCN Found Document:BROWNE v. FOLSOM
		It is apparent from the foregoing statement that plaintiff in error by this proceeding presents to this court and seeks relief from two inconsistent judgments, viz., a judgment in ejectment and a judgment under the Occupying Claimants Act.
		Stumpff, supra, the judgment in ejectment was rendered March 17, 1920, and the judgment under the Occupying Claimants Act was rendered March 18, 1920.
		Here the plaintiff in error is seeking to reverse the trial court in its judgment in the ejectment action upon the ground that the court erred in decreeing title in defendants in error as heirs of Audreth Folsom, deceased.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=41181 (850 words)

	Schwarz v. Colonial Mortgage Co. (Brown, J.) 96-4...
		In order for Schwarz to prevail on his cause ofaction for ejectment or partition, Schwarz must first cancel the Correction Deed in the record chain of title.
		Thus, Schwarz still had good title, and the forged "correction deed" was not a bar to Schwarz'spursuit of an ejectment action.
		No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his testator or intestate, has been five (5) years out of possession.
	courts.state.ar.us /opinions/1996a/961028/96-458.html (2108 words)

	No. 05-978: United States v. Pataki - Appendix (Petition)
		Before deciding whether it is appropriate for the court to reconsider the impact of the Eleventh Amendment on this case, a recitation of the history of that issue in the context of this litigation is warranted.
		The court is not free to ignore the fact, however, that from the outset ejectment is one of several remedies which the Cayugas have been seeking, and their claims also have been framed in terms of ejectment.
		Therefore, despite the Cayugas' efforts to broaden the ejectment issue to include the possibility of long-term leases, the court adheres to its view that the only issue with which it is concerned now is whether the Cayugas are entitled to ejectment as a remedy for the loss of their homeland.
	www.usdoj.gov /osg/briefs/2005/2pet/7pet/2005-0978.pet.app.vol.2.html (18808 words)

	Ranasinghe v Premadharma and Another [1984] LKSC 21; (1985) 1 Sri L.R. 63 (10 Décembre 1984) (Site not responding. Last check: 2007-10-03)
		In a suit for rent and ejectment the tenant claimed he had constructed the premises and was entitled to occupy them free of rent until the cost was set off.
		The plaintiff, by her plaint dated 24.3.1977, claimed arrears of rent, damages and ejectment of the defendants, husband and wife from the premises in suit, which are admittedly governed by the provisions of the Rent Act.
		The statutory provisions severely restrict proceedings for the eviction of a tenant, and the protection afforded to the tenant is secured by provisions in the nature of a limit on the jurisdiction of the court and also by requiring vigilance on the part of court in seeing compliance with the statutory provisions.
	www.austlii.edu.au /~andrew/CommonLII/LKSC/1984/21.html (3445 words)

	Cabatu v. The Bank of New York (Summary Disposition Order)
		Second, a final judgment on the merits of Bank's ejectment action, Civil No. 01-1-00391, was issued by the court on January 28, 2002, when it granted summary judgment in favor of Bank and required Cabatu to vacate the premises.
		Both the ejectment action and the present suit for unfair deceptive trade practices arise out of the same operative facts and issues concerning the validity of the non-judicial mortgage foreclosure.
		It is evident that the complaint filed in the present case arises from the same issues in the prior ejectment suit establishing the right to the subject property and is not a different cause of action.
	www.state.hi.us /jud/opinions/sct/2006/26713sdo.htm (1322 words)

	Carlos vs CA : 109887 : February 10, 1997 : J. Mendoza : Second Division
		The case at hand is a simple action for Ejectment predicated upon the expiry of the Lease Agreement purportedly entered into between plaintiff-appellant and defendant-appellee (Annex “A” of the Complaint).
		The issue of whether private respondent had the right to occupy subject apartment unit should therefore be properly threshed out in an ejectment suit and not in an action for damages where the question of possession is likewise the primary issue to be resolved.
		We cannot simply ignore the fact that private respondent, after her unjustified refusal to vacate the premises, was aware that an ejectment case against her was forthcoming.
	www.supremecourt.gov.ph /jurisprudence/1997/feb1997/109887.htm (1832 words)

	[No title]
		I. Defendants first argue that summary ejectment terminates the lease and relieves the tenant of liability for future rent absent a contrary provision in the lease.
		The summary ejectment proceedings before the Magistrate were for the recovery of possession of the leased premises only, and no claim was made for past-due rent.
		We have already determined that the ejectment of defendants terminated the lease and that plaintiff's resulting claim was for damages for breach of contract, not future rent.
	www.ibiblio.org /pub/docs/nc-supreme-court/apr1994/kuykendall (1523 words)

	Clare - Ejectment List
		The Ejectment books are written in longhand and with minimal punctuation, but they give much more information on families than do the tithe applotment books.
		Clare has the largest number of surviving ejectment books as they were not at the Four Courts when it burned in 1922.
		For other landlords ejectment was an opportunity to be rid of an unnecessary expense.
	www.rootsweb.com /~irlcla/landejectlist.html (1187 words)

	DOE D. WILKES V. BABCOCK
		In an action of ejectment for land, the estate of which is in the crown, where neither party shews any title beyond a short possession: Held that the tenant in possession, if he entered peaceably, and under color of a claiming right, may set up the jus tertii as a defence to such action.
		To hold that with the evidence before the court of a title in a stranger the lessor of the plaintiff could recover would be at once to overthrow the well established rule, that in ejectment the lessor of the plaintiff must recover upon the strength of his own title--see Roe v.
		Now, the lessor of the plaintiff in ejectment admits the possession of the defendant; he undertakes to do away with the presumption arising from the defendant's possession, and therefore it is that he must recover upon the strength of his own title.
	library.usask.ca /native/cnlc/vol01/485.html (1493 words)

	Manning Fulton - The Commercial Eviction Action
		Furthermore, given that summary ejectment proceedings are relatively cheap and efficient, it makes it all the more a wise decision to follow the statutory procedures rather than take matters into one’s own hands.
		Unlike the common law remedy of unlawful detainer, summary ejectment is a statutory remedy under Article 3 of Chapter 42, and is only available in cases where the tenant entered the property under a lease.
		Since summary ejectment orders in Small Claims Court do not become final judgments until 10 days after the date of the hearing, the tenant has all that time (plus all the time before the lawsuit was filed) to remain in the premises before catching up on the rent.
	www.manningfulton.com /The-Commercial-Eviction-Action.aspx (8989 words)

	pENNSYLVANIA AS AN iNTERMEDIATE THEORY STATE
		In case of default the mortgagee may proceed on the bond, or he may issue a scire facias on the mortgage, but he is not limited to those remedies.
		This right of possession, and to bring ejectment against the mortgagor and those claiming under him, is unquestioned.
		Shuler, 12 S. 240, it was held that ejectment might be supported on a mortgage, payable by instalments, before all the instalments became due.
	www.law.pitt.edu /fox/ltf/ltf04/PAMTG.htm (822 words)

	Murillo v. Daly, 169 NC App 223 (04-533) 03/15/2005
		Because we hold that the nature of the actions asserted and remedies sought in the claims for breach of contract and negligence are different from the summary ejectment claim, we reverse the trial court's order and remand for trial.
		The tenant filed a complaint against the landlord in Hertford County alleging: (1) the landlord breached the lease agreement for personal reasons; (2) breach of rental contract; (3) breach of covenants of the leasehold; (4) breach of covenants of fitness and habitability; (5) duty to repair; and (6) civil rights violations.
		Both the summary ejectment proceeding and current claims arise from the landlord- tenant relationship of the parties.
	www.aoc.state.nc.us /www/public/coa/opinions/2005/040533-1.htm (1237 words)

	[No title]
		Appeal and Error--cross-assignment of error--properly a cross-appeal--not considered The Court of Appeals did not consider a cross-assignment of error arising from a summary ejectment where the supporting arguments did not provide an alternative basis in law for supporting the judgment and should have been raised in a cross-appeal.
		In the sworn affidavit of J. Ronald Hass (Hass), CEO and President of Defendant, Defendant admitted it had not paid rent because Defendant felt it was being overcharged and Plaintiff was not fulfilling its obligations under the Lease.
		Allowing the commercial lessor to go forward with summary ejectment in a situation such as this is consistent with the agreement that the parties had entered into.
	www.ncsu.edu /project/are306/cases/Capitola.doc (2969 words)

	New York City Civil Court: Ejectment Actions (Site not responding. Last check: 2007-10-03)
		An action in ejectment is a way for an owner to obtain possession of an apartment.
		An action in ejectment is started in either Civil or Supreme Court, and a holdover proceeding is started in the Housing Court.
		Generally, an owner will commence an action in ejectment when he or she is unable to commence a holdover proceeding in the Housing Court.
	www.nycourts.gov /courts/nyc/civil/ejectment.shtml (221 words)

	Ong vs CA : 144581 : July 5, 2002 : J. Bellosillo : Second Division
		This petition for review on certiorari stems from a complaint for ejectment and damages filed on 30 August 1994 by plaintiffs Emma A. Garamay Ong and her husband Roberto C. Ong (respondents herein) against Elanio C. Ong and spouse (petitioners herein) with the Municipal Trial Court in Cities (MTCC)-Br.
		72) in the ejectment case reversed the Decision of the MTCC and declared Elanio C. Ong and spouse to be entitled to remain in possession of one-half (1/2) of the property subject of litigation and to recover from Emma Garamay Ong and her husband the amounts of
		Unfortunately, because the lower courts disregarded this matter, the records are groping for the name of Elanio’s spouse as if she were a non-entity in the instant proceedings when on the contrary the judgment herein could be enforceable also against her.
	www.supremecourt.gov.ph /jurisprudence/2002/jul2002/144581.htm (1442 words)

	ACTION IN EJECTMENT (Site not responding. Last check: 2007-10-03)
		Except as otherwise provided in this chapter, the procedure in the action of ejectment shall be in accordance with the rules relating to a civil action.
		The action may be brought in and only in a county in which the land or a part of the land is located.
		The trial of actions in ejectment by a judge sitting without a jury shall be in accordance with Rule 1038.
	members.aol.com /RulesPA/C.1051.html (341 words)

	Richard L. Richard L. Robertson & Associates, P.A. - OUTLINE OF SUMMARY EJECTMENT AND TENANT EVICTION (Site not responding. Last check: 2007-10-03)
		The nature of the legal proceeding is a Summary Ejectment proceeding and is maintained in the Magistrates or Small Claims court division.
		This is a thumbnail sketch of the ejectment process for an oral lease situation.
		Therefore, it is important that a landlord be aware of the claims they are bringing during the summary ejectment action.
	rlrobertson.wld.com /outline.htm (1596 words)

	No. 05-978: United States v. Pataki - Appendix (Petition)
		An action for ejectment generally seeks two reme- dies, restoration of possession and damagesequivalent to the fair market rent for the period theplaintiff was wrongfully out of possession, sometimesreferred to as mesne profits.
		5 We note that even though ejectment has traditionally been considered an action at law, numerous jurisdictions have recognized the applicability of equitable defenses, including laches, in an action for ejectment based on a claim of legal title or prior possession, regardless of whether damages or an order of possession was sought.
		Properly distinguishing between claims and remedies, the District Court concluded that, "in the context of determining whether ejectment is an appropriate remedy, the delay factor tips decidedly in favor of the defendants." Id. at *86.
	www.usdoj.gov /osg/briefs/2005/2pet/7pet/2005-0978.pet.app.vol.1.html (17473 words)

	Articles
		In an ejectment action, the Supreme Court, Suffolk County, Paul J. Baisley, J., found that plaintiff was the owner of certain property and awarded her option of either selling property or being put in possession of property, and cross appeals were taken.
		Trial Term felt itself free to fashion an equitable remedy because it found that the plaintiff herself was seeking equity in asking the court to declare the defendants' deeds and mortgages null and void.
		Hogan, 234 N.Y. (6) Regardless, then, of the hardship that may befall the individual homeowner defendants here through no fault of their own, we are constrained to modify the judgment by granting unconditionally to the plaintiff's executrix the right of possession to the property known as Miceli East.
	www.kirschenbaumesq.com /case091.shtml (1556 words)

	[No title]
		The complaint, seeking ejectment and damages, was originally filed by the Cayuga Indian Nation of New York ("Nation") against the State and the occupants of the Claim Area.
		It was erroneous for the court to have undertaken a weighing of equities to determine if ejectment should be granted because such an analysis is applicable only to an equitable action to enjoin a trespass, not to a legal action for ejectment.
		In its decision denying ejectment, the court ruled that as a substitute for ejectment the Cayugas would be awarded the fair market value of the Claim Area.
	www.upstate-citizens.org /Nationbrief.doc (18247 words)

	FINANCIAL COMMISSIONER’S OFFICE, PUNJAB
		The procedure connected with the issue of notices of ejectment of tenants-at-will by landlords under section 45(1) of the Tenancy Act is given in paragraphs 60-63 of the Land Administration Manual.
		WHEREAS it appears from the annual record that E.F. holds as a tenant of C.D., and is liable to ejectment by notice in accordance with the provisions of clause (b) of section 42 and of sections 43 and 45 of the Tenancy Act.
		Suits (a) by landlords for the ejectment of tenants (b) by tenants to contest ejectment notice, or (c) by tenants to recover possession or to obtain compensation in cases of wrongful ejectment are dealt with in Paragraphs 801-805 of the Land Administration Manual.
	punjabrevenue.nic.in /so2.htm (1907 words)

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