Chapter

The Action of Ejectment and the Recognition of the Copyholder

A. W. B. Simpson

in A History of the Land Law

Second edition

Published in print July 1986 | ISBN: 9780198255376
Published online March 2012 | e-ISBN: 9780191681585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255376.003.0007
The Action of Ejectment and the Recognition of the Copyholder

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By the close of the medieval period the real actions had become very unsatisfactory, and a way of escape from their complexities was found in the action of eiectio fi'rmae, a variety of the writ of trespass, that is to say by tort action for compensatory damages. The termor was denied novel disseisin, and for long lacked any adequate protection against eviction by a stranger. But if he was unable to bring the assize and obtain specific recovery of his term, he was at least able to recover damages in an action of trespass, and for those who had bought terms of years to hold them as short-term investments damages would not be a wholly inadequate remedy.

Keywords: ejectment; copyholder; writ of trespass; tort action; termor; disseisin

Chapter.  12857 words. 

Subjects: History of Law

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