Eviction, under Anglo-American property law, legal action to recover land from unjust property and financial compensation for his illegal imprisonment from the country. The applicant granted a lease to a friend who had passed to a fictitious person (such as John Doe) who became the nominal applicant: the actual applicant (applicant) was the «applicant`s landlord». The action was representative. The lawsuit was brought against the true defendant or, as a rule, for semi-secrecy and to secure the lower court against another fictitious person (e.g., William Styles), who is referred to in many documents as an «occasional ejector»[1], from whom it was stated in both parties` documents that the first fictitious tenant had been evicted on the basis of an (equally fictitious) lease of the actual defendant. The title of the lawsuit would then be «Doe dem. [name of actual plaintiff] against [defendant] or [fictitious countertenant]`. For example Doe dem. John Hurrell Luscombe vs Yates, Hawker and Mudge (1822) 5 B. & Ald. 544 (England; 1822),[2] Everyone in Old England was connected to the land. The feudal burial system determined social, economic, political and legal rights.
The stability of the system depended on the security of the right of every person to own or own land. For this reason, the first types of prosecutions were those that allowed the assertion of rights to the land. At the end of the thirteenth century, the trial for trespassing was allowed against someone who invaded the plaintiff`s property. The ejection action branched out as another action to relieve someone whose property had been disturbed. Thus, the plaintiff could claim that he was in possession of a certain piece of land and that the property had been taken by the defendant. The plaintiff could do this by obtaining a registration order from the court clerk – a king`s order asking the defendant to let the plaintiff return to the land taken by the defendant or to appear in court to answer the charges. The defendant could then appear and deny that the plaintiff had been expropriated, or prove that as a defendant he had a prior and better right to own the land. A trial was held to resolve the case. If it turns out that the defendant has unfairly deprived the plaintiff of possession of the property, he could be forced to pay a lien or a fine. This fine became a precedent for the subsequent practice of awarding pecuniary damages to the successful plaintiff in addition to restoring possession of the land. n.
a lawsuit to remove a party occupying real estate. This is not the same as an action for illegal detention (eviction) against an unpaid or unsatisfactory tenant. It is against someone who has tried to claim ownership of the property. Example: George Grabby lives on a ranch he claims to have inherited from his great-uncle, but Betty Benefield sues for identification on the grounds that she was in fact entitled to the property through her parents. A land claims land against X, why should he be forced to say that he, A, destroyed the land to John Doe, who was evicted, and to sue on behalf of John Do —why shouldn`t it be enough to say in an trespass lawsuit that A himself was evicted? The answer to this question, I think, is that – if you are a free owner claiming land, you should bring an entry writ or a right writ. If you, as a free owner, have been excluded, which is a disseisin, you should bring the foundations of the novel disseisin. The law has provided you with many remedies, both exclusive and possessive — you must use them. If it seems to us that such an answer is not satisfactory, we should try to examine the question from X`s point of view. Does he not have a personal interest, so to speak, in maintaining the old procedure? They propose to use against him an act in which he can be imprisoned and banished, while the law, provided that he is wrong, has provided for other forms of acts that do not allow this procedure against his person. [A] An evasive maneuver has been discovered to make the effect of the firmae ejection generally available to allow each applicant to repossess the land. They are in possession of a piece of land that I say I am the real owner, the tenant in fief quite simply. If that`s correct, I usually have an entrance fee.
In fact, I intervene and there I make a lease for years to a third person, John Doe. John Doe stays in the countryside until he is ousted by you, then brings the action, the intervention in the sputum or, in short, the expulsion. To win his claim, he must prove (1) my right of entry, (2) the lease, (3) his entry under the lease, and (4) his eviction by you.