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John Doe stays on the land until ousted by you, and then brings the action, trespass in ejectment or, briefly, ejectment. To succeed in his action he must prove (1) my right to enter, (2) the lease, (3) his entry under the lease and (4) his ouster by you. When all this is proved he recovers his term with damages. Upon this form there is a ...
With respect to the ejectment cause of action, Hall would have held that: "[W]here a plaintiff seeks ejectment damages, rather than restoration of a possession interest, application of the doctrine of laches to such a money damage claim is rarely if ever justified." [27] Hall also would not have applied laches to the trespass cause of action. [28]
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
The court reviewed its recent aboriginal title decisions, and reiterated its statement in Oneida I that the Act merely "put in statutory form what was or came to be the accepted rule." [20] Statute of limitations Justice Lewis F. Powell, Jr. sustained the Oneida's federal common law cause of action and rejected all of the counties' affirmative ...
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
In other words, the rule of law was beginning to replace that of local force of arms and personal conflict as the resolution of disputes over chattels. The action was in direct succession to the efforts made to regulate self-help, which were the origin of the law of tort. The form of legal recourse was in connection of distress (distractio ...
The plaintiffs brought an action for ejectment against McIntosh in the United States District Court for the District of Illinois, contending that their chain of title was superior by virtue of Johnson's purchases. The District Court dismissed the claim on the grounds that the Piankeshaw were not able to convey the land.
Confession of judgment is a legal term that refers to a type of contract (or a clause with such a provision) in which a party agrees to let the other party enter a judgment against them.
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