Definition of Ejectment
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmoe) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a purely fictitious person, as lessee in a supposed lease from the real party in interest. The latter’s title, however, had to be established in order to warrant a recovery, and the establishment of such title, though nominally a mere incident, was in reality the object of the action. Hence this convenient form of suit came to be adopted as the usual method of trying titles to land. 3 Bl.Comm. 199; French v. Robb, 67 N.J.Law 260, 51 A. 509. In England, since the Judicature Act of 1852, ejectment has given place to a new action for the recovery of land.
The common law action for ejectment has been materially modified by statute in most states and may come under the title of action to recover possession of land, action for summary process, action for eviction, or forcible entry and detainer action.
Ejectment is an action to restore possession of property to the person entitled to it. Not only must the plaintiff establish a right to possession in himself, but he must also show that the defendant is in wrongful possession. If the defendant has only trespassed on the land, the action is for trespass (i.e. damages).
See also Eviction; Forcible entry and detainer; Process (Summary process).
Ejectment bill. A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction; hence demurrable.
Equitable ejectment. A proceeding brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectment, but is in reality a substitute for a bill in equity.
Justice ejectment. A statutory proceeding for the eviction of a tenant holding over after termination of the lease or breach of its conditions.
That's the definition of Ejectment in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.
