A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in the United States: Embracing in Full the Statutory Policy of the Several States, in Respect to the Action for the Recovery of Real Property |
From inside the book
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Page ix
... AFFIDAVIT OF SERVICE OF THE DECLARATION AND NOTICE IN EJECTMENT -THE JUDGMENT AGAINST THE CASUAL EJECTOR , BY DEFAULT — · OPENING THE DEFAULT , AND ALLOWING THE TENANT TO DEFEND . CHAPTER XXIV . OF THE APPEARANCE OF THE DEFENDANT IN THE ...
... AFFIDAVIT OF SERVICE OF THE DECLARATION AND NOTICE IN EJECTMENT -THE JUDGMENT AGAINST THE CASUAL EJECTOR , BY DEFAULT — · OPENING THE DEFAULT , AND ALLOWING THE TENANT TO DEFEND . CHAPTER XXIV . OF THE APPEARANCE OF THE DEFENDANT IN THE ...
Page 261
... affidavit , or be proved upon the trial , in case the defendant appears , that half - a - year's rent was due before the declara- tion was served , and that no sufficient distress was to be found on the premises , countervailing the ...
... affidavit , or be proved upon the trial , in case the defendant appears , that half - a - year's rent was due before the declara- tion was served , and that no sufficient distress was to be found on the premises , countervailing the ...
Page 267
... affidavit , or be proved upon the trial , in case the defendant appears , that half - a - year's rent was due before the declaration served , and that no sufficient distress was to be found on the premises , and that the lessor had ...
... affidavit , or be proved upon the trial , in case the defendant appears , that half - a - year's rent was due before the declaration served , and that no sufficient distress was to be found on the premises , and that the lessor had ...
Page 268
... affidavit pursuant to the statute , proving the facts necessary to entitle the plaintiff to re - enter , and also that the declaration was duly served on the tenant in possession , or the facts which will excuse such personal service ...
... affidavit pursuant to the statute , proving the facts necessary to entitle the plaintiff to re - enter , and also that the declaration was duly served on the tenant in possession , or the facts which will excuse such personal service ...
Page 269
... affidavit would have been fatal to the judgment . In one case decided in the court of king's bench , wherein it appeared that near twenty years after the landlord had brought an ejectment against his tenant , and judgment had gone ...
... affidavit would have been fatal to the judgment . In one case decided in the court of king's bench , wherein it appeared that near twenty years after the landlord had brought an ejectment against his tenant , and judgment had gone ...
Contents
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A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in ... No preview available - 2020 |
Common terms and phrases
accrued action of ejectment action to recover actual adverse possession affidavit appear apply assigns Barb breach brought casual ejector claimant co-tenant Code color of title commencement common law consent rule conveyance court held court of equity covenant declaration and notice declaration in ejectment deed demised premises disseisin doctrine Dowl entered entitled equitable evidence execution expiration fee simple feme covert forfeiture grant grantor heirs hold interest Jackson judgment jury landlord and tenant lease legal title lessee lessor maintain ejectment ment mesne profits mortgage mortgagor notice to quit occupation ouster owner party person claiming plaintiff in ejectment plea plead possession of land possession thereof premises claimed prove purchaser re-entry real estate real property recovery of real rent respect right of entry seisin Stat statute of limitations sufficient suit supreme court tenant in common tenant in possession term tion trial unless verdict vide Wend
Popular passages
Page 612 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 763 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 194 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 97 - ... when the person claiming such land or rent shall claim in respect of an estate or interest in possession, granted, appointed, or otherwise assured, by any instrument (other than a will,) to him, or some person through whom he claims, by a person being, in respect of the same estate or interest in the possession or receipt of the profits of the land or in the receipt of the rent...
Page 136 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 92 - ... at the time at which the same shall have become an estate or interest in possession by the determination of any estate or estates, in respect of which such land...
Page 747 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Page 721 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 271 - ... or equity, other than by bringing error for reversal of such judgment, in case the same shall be erroneous, and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease...
Page 141 - ... under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included...