EJECTMENT, is a mixed action, by which originally a lessee for years, when ousted, recovered his term and damages. it is a real action in respect of the lands, but personal in respect of the damages. Since the disuse of real action, it is become the common method of trying the title, to lands or tenements.
The modern method of proceeding in ejectment entirely depends on a string of legal fictions ; no actual lease is made ; no actual entry by the 'plaintiff ; no ac tual ouster by the defendant ; but all are merely ideal, for the purpose of trying the title. To this end a lease for a term of years is stated in the proceedings,to have been made by him who claims title to the plaintiff, who is generally afictitions per son ; though it ought to be a real person to answer for the defendant's costs. In this proceeding, which is the declaration (for there is no other process in this ac tion,) it is also stated that the lessee, in consequence of the demise to him made, entered into the premises : and that the defendant, who is also now another ficti tious person, and who is called the ca sual ejector, afterwards entered thereon and ousted the plaintiff; for which ouster the plaintiff brings this action. Under this declaration is a notice, supposed to be written by this casual ejector, directed to the tenant in possession of the pre mises ; in which notice the casual ejector informs the tenant of the action brought by the lessee, and assures him, that as he, the casual ejector, has no title to the pre, mises, he shall make no defence, and therefore he advises the tenant to appear in court, at a certain time, and defend his own title ; otherwise he, the casual ejec, tor, will suffer judgment to be had against him, by which the actual tenant will ine vitably be turned out of possession.
The ancient way of proceeding was by actually sealing a lease on the pre mises, by the party interested, who was to try the titles ; and this method is still in use in several cases.
First, where the house or thing for which ejectment is brought is empty.
Secondly, when a corporation is lessor of the plaintiff, they must give a letter of attorney to some person to enter and seal a lease on the land ; for a corpora tion cannot make an attorney, or a bailiff, except by deed, nor can they appear but by making a proper person their attor ney by deed ; therefore, they cannot en ter and demise upon the land as natural p ersdn s c an .
Thirdly, when the several interests of the lessors of the plaintiff are not known; for in that case it is proper to seal a lease on the premises, lest they should fail in setting out in their declaration the several interests which each man possesses.
Fourthly, where the proceedings are in an inferior court, they must proceed by actually sealing a lease, because they r in not make rules, confess lease, entry. .nd ouster ; inasmuch as inferior courts have not authority to imprisonment for diso bedience to their rules. It is a general rule, that no person can, in any case, bring an ejectment, unless he have in himself, at the time, a right of entry ; for although, by the modern practice, the defendant is obliged by rule of court to confess lease, entry, and ouster ; yet that rule was only designed to expedite the trial of the plaintiff's right, and ..ot to give him a right which he had not be fore.
The damages recovered in these ac tions, though formerly their only intent, are now usually very small and inade quate, amounting to one shilling, or some other trifling sum. In order, therefore, to complete the remedy, when the pos session has been long detained from him that has right, an action of trespass also lies, after a recovery in ejectment, to re cover the mesne profits which the tenant in possession had wrongfully received ; which action may be brought in the name of either the nominal plaintiff in the e jectment, or his lessor, against the tenant in possession, whether he be made party to the ejectment, or suffer judgment to go by default. An ejectment cannot be brought after the lessor of the plaintiff, or his ancestor, has been out of posses sion 20 years. See LIMITATION.