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 |
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Page ix
... CASUAL EJECTOR , BY DEFAULT — · OPENING THE DEFAULT , AND ALLOWING THE TENANT TO DEFEND . CHAPTER XXIV . OF THE APPEARANCE OF THE DEFENDANT IN THE ACTION OF EJECTMENT - WHO MAY DEFEND THE ACTION- THE CONSENT RULE . CHAPTER XXV . THE ...
... CASUAL EJECTOR , BY DEFAULT — · OPENING THE DEFAULT , AND ALLOWING THE TENANT TO DEFEND . CHAPTER XXIV . OF THE APPEARANCE OF THE DEFENDANT IN THE ACTION OF EJECTMENT - WHO MAY DEFEND THE ACTION- THE CONSENT RULE . CHAPTER XXV . THE ...
Page 261
... casual ejector , or nonsuit for not confessing , it shall be made to appear to the court by 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 ...
... casual ejector , or nonsuit for not confessing , it shall be made to appear to the court by 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 ...
Page 267
... eject- ment to go against the casual ejector by default , there is no express provision of the statute for his relief ; but the courts have held that a judgment is not equivalent to a trial , and they therefore grant relief to the ...
... eject- ment to go against the casual ejector by default , there is no express provision of the statute for his relief ; but the courts have held that a judgment is not equivalent to a trial , and they therefore grant relief to the ...
Page 268
... casual ejector in an eject- ment brought under the provisions of the English statute , the court will not grant a rule for judgment without an affidavit pursuant to the statute , proving the facts necessary to entitle the plaintiff to ...
... casual ejector in an eject- ment brought under the provisions of the English statute , the court will not grant a rule for judgment without an affidavit pursuant to the statute , proving the facts necessary to entitle the plaintiff to ...
Page 269
... casual ejector by default , and possession thereupon delivered to the landlord , the tenant brought an ejectment against the same landlord for the same premises , and the former recovery was objected to because the defendant failed to ...
... casual ejector by default , and possession thereupon delivered to the landlord , the tenant brought an ejectment against the same landlord for the same premises , and the former recovery was objected to because the defendant failed to ...
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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 brought casual ejector claimant claiming title co-tenant Code color of title commencement common law conveyance court held court of equity covenant damages 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 issue Jackson jury lease legal title lessee lessor maintain ejectment ment mesne profits mortgage mortgagor notice to quit occupation ouster owner party plaintiff in ejectment plea plead possession of land possession thereof premises claimed prove purchaser R. S. ch re-entry real estate real property recover the possession recovery of real respect right of entry seisin Stat statute of limitations sufficient suit supreme court tenant in common tenant in possession term therein tion trial unless verdict vide Wend writ
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...