KFLCC Kingdom Law 2nd Ed.

EJERCITORIA

EISDEM MODIS DISSOLVITUR

414

Eisdem modis dissolvitnr obligatio qua nascitur ex contractu, vel quasi, quibna eontrabitnr. An obligation which arises from contract, or quasi contract, is dissolved in the same ways in which it is contracted. Fleta, lib. 2, c. 60, f 19. EISNE. The senior; the oldest son. Spelled, also, "eigne," "einsne," "aisne" "eign." Termes de la Ley; Kelham. EISNETIA, EINETIA. The share of the oldest son. The portion acquired by primogeniture. ' Termes de la Ley; Co. Litt 1666; Cowell. EITHER. May be used in the sense of "each." Ohidester v. Railway Co., 59 111. 87. This word does not mean "all;" but does mean, one or the other of two or more speci fied things. Ft Worth St. R. Co. v. Rose dale St R. Co., 68 Tex. 169, 4 S. W. 534. EJECT. To cast or throw out; to oust, or dispossess; to put or turn out of posses sion. 3B1. Comm. 198, 199, 200. See Bo hannon v. Southern Ry. Co., 112 Ky. 106, 65 S. W. 169. EJECTA. In old English law. A wo man ravished or deflowered, or cast forth from the virtuous. Blount EJECTION. A turning out of possession. 3 Bl. Comm. 199. EJECTIONE CUSTODIES. In old Eng lish law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment de garde" was the title of a writ which lay for a guardian when turned out of any land of his ward during the minority of the latter. Brown. Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, reversioner, remainder-man, or any stranger ejected or ousted the lessee of his term, ferme, or farm, (ipsum a flrma ejecit.) In this case the latter might have his writ of ejection, by which he recovered at first dam ages for the trespass only, but it was after wards made a remedy to recover back the term itself, or the remainder of it, with damages. Reg. Orig. 2276; Fitzh. Nat Brev. 220, F, G; 3 Bl. Comm. 199; Litt ft 322; Crabb, Eng. Law, 290, 448. It is the foundation of the modern action of eject ment EJECTMENT. At common law, this was the name of a mixed action (springing from *he earlier personal action of ejections EJECTIONE TTRtlUE.

firmai) which lay for the recovery of the pos session of land, and for damages for the un lawful detention of its possession. The ac tion was highly fictitious, being in theory only fpr 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, how ever, must be established in order to warrant a recovery, and the establishment of such ti tle, though nominally a mere incident, is 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. See 3 Bl. Comm. 199. French v. Robb, 67 N. J. Law, 260, 51 Atl. 509, 57 L. R. A. 956. 91 Am. St. Rep. 433; Crockett v. Lashbrook, 5 T. B. Mon. (Ky.) 538, 17 Am. Dec. 98; Wilson v. Wightman, 36 App. Div. 41, 55 N. Y. Supp. 806; Hoover v. King, 43 Or. 281, 72 Pac. 880, 65 L. R. A. 790, 99 Am. St Rep. 754; Hawkins v. Reichert, 28 Cal. 536. It was the only mixed action at common law, the whole method of proceeding in which was anomalous, and depended on fictions invented and upheld by the court for the convenience of justice, in order to escape from the inconven iences which were found to attend the ancient forms of real and mixed actions,. It is also a form of action by which posses sory titles to corporeal hereditaments may be tried and possession obtained. —Ejectment bill. A bill in equity brought merely for the recovery of real property, to gether with an account of the rents and profits, without setting out any distinct ground of eq uity jurisdiction; hence demurrable. Crane v. Conklin, 1 N. J. Eq. 353, 22 Am. Dec. 519. —Equitable ejectment. A proceeding in use in Pennsylvania, brought to enforce specific per formance 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 sub stitute for a bill in equity. Riel v. Gannon, 161 Pa. 289, 29 Atl. 55; McKendry v. McKendry, 131 Pa. 24, 18 Atl. 1078, 6 L. R. A. 506.-Jus tice ejectment. A statutory proceeding in Vermont, for the eviction of a tenant holding over after termination of the lease or breach of its conditions. Foss v. Stanton, 76 Vt. 365, 57 Atl. 942. EJECTOR. One who ejects, puts out or dispossesses another. —Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is sup posed to come casually or by accident upon the premises and to eject the lawful possessor. 3 Bl. Comm. 203. EJECTUM. That which is thrown up by the sea. Also jetsam, wreck, etc. EJECTT7S. In old English law. A whoremonger. Blount EJERCITORIA. In Spanish law. The name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It coresponds to the actio exercitoria of the" Roman law. Mackeld. Rom. Law, ft 512.