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4 Law Coach 78 (1923-1924)
The Action of Ejectment

handle is hein.journals/lwcoarch4 and id is 82 raw text is: THE LAW COACH XX. When do the ' trustees ' exercise the life tenant's powers? (i) When tenant is an infant, (ii) when tenant wishes to purchase the settled land or sell land of his own to the settle- ment. XXI. What is the position where land is vested in trustees uipon trust .to sell, with power to postpone sale at discretion? In such a case both the trustees would have a power to sell, and also the tenant .for life. Section 7 of the 1884 Act specially pro- vides that the tenant for life cannot exercise any of the powers of the Acts without leave of- the Court; so it is the trustees only who really have the power to sbll (Re Earle and Webster). THE ACTION OF EJECTMENT. The Action of Ejectment was introduced under Edward IV., applicable to leaseholders to recover their land; nevertheless it became to be used by freeholders also, and superseded the old writ of right and the possessory assizes. Prior to the introduc- tion of this action a leaseholder had no means of recovering his land should he be ejected therefrom, his only remedy was an action in personam for damages against his landlord. It was' robably during the Tudor period that freeholders first made use of this action. The proceedings were entirely fictitious. Suppose A. to be in possession of a piece of land and X to be asserting his clair'to it. X would enter on the land and grant a lease of it to Z, a friend. A, who was in possession, would eject Z, and Z would bring the action of ejectment, being a lease- holder. For Z to succeed in the action he would have to prove that the lease which X granted him was valid, and to do this he would have to prove X's title. In the 17th century the pro- cedure was simplified by Chief Justice Rolle The lease, the entry, and the ouster became fictitious, they were merely alleged in the plaintiff's claim; moreover, the freeholder claiming the land became the real plaintiff and the fictitious party John Doe was substituted for Z, the leaseholder and friend Of X in our previous illustration. The action then took this title, Doe d. X, v. A, or, in other words, Doe on a demise X v. A. OCTOBER, 1928

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