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became to be used by freeholders also, and superseded the old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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