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Home > Art, Film & Photography > The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject
The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject

The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1820. Excerpt: ... respond with that liberality which has contributed so much to the advancement of the remedy. VI. The modern practice in ejectment. One of the most enlightened judges that ever administered justice in this country, declared, that he had it much at heart " to have the practice upon "ejectments clearly settled, upon large and liberal "grounds, for advancement of the remedy (#)" That the noble judge alluded to had it much at heart, is manifest from his luminous decisions upon the subject. It is still, however, in a fluctuating state; and though the following detail of modern practice be, I trust, correct; yet, for my own part, I cannot avoid observing, that in the general practice of the law, the lasting advantages resulting from stability seem to be unknown; advantages, which must ever over-balance the slow improvement of gradual correction. The ancient practice being almost exploded, it is now not usual to make out a capias against the possessor, upon an ejectment delivered (as it was formerly, when men were actually ousted of terms for years); nor is it necessary, except in the cases before alluded to, to make an actual entry, or to seal and deliver leases, on the premises: but the party who claims title, feigns a lease, and in the name of the feigned lessee, who should be some real person to answer for the defendant's costs, delivers a declaration of ejectment against the casual ejector, to the tenant (a) Fairclaim, d. Fowler v. Shamtitle, Burr. 1217. in possession; or, if there be several such tenants, to each of them. This declaration is in the nature of process to bring in the tenant; therefore a notice is subjoined, and delivered with it, which must be signed either by the casual ejector, or by the nominal plaintiff"; informing the tenant, that unless...


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Product Details
  • ISBN-13: 9781150295294
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 170
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1150295295
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 313 gr


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The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject
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The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject
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The History, Principles and Practice, (Ancient and Modern, ) of the Legal Remedy by Ejectment; And the Resulting Action for Mesne Profits the Evidence, in General, Necessary to Sustain and Defend Them with an Appendix, Illustrative of the Subject

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