Page:Black's Law Dictionary (Second Edition).djvu/422

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EISDEM MODIS DISSOLVITUR

I-Jisdem modis dissolvitut obligatio qua nnscitnr ex cnntractu, vel quasi, quibns couttahitur. An ohligntion which arises from contruct, or quasi contract, is dlssoh ed in the some ways in which it is contracted. Fletn. lib. 2. C. 60. § 19.

EISNE. The senior; the oldest son. Spelied, also. “cimw.” “cln.-me," "alxne," "eign,” Ternnes de in Ley; Kelllam.

EISNETIA. EINETIA. The share of the oldest son. The portion acquired hy primogeulture. Term de in Ley; Cn.Litt. 1661); L‘oweiL

EITHER. Muy be used in the sense of "each." Chidester v. llzlilway Co._ 59 111. 87.

This word does not mean '‘all; but does mean one or the other of tuo or more speci- fied tl.1in;:s. Ft. Wo1'tl1 St. R. Co. v I{ose~ dale St. R. Go., 63 Tex 16!), 4 S. W. 134

EJECT. To cast, or throw out; to oust. or dispossess; to put or turn out of possession. 3 Bl. Comm. 198, 199, 200. See Bo» hn_nnon 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. Biount.

EJECTION. A turning out of possession. 3 Bl. Comm. 199.

EJECTIONE CUSTODIIE. In old English 1-nv. Ejectment of u ard. This phrase. which is the Latin equivalent for the French “ejcctm.ent do garrle," was the title of a writ which lay for u guardian when turned out of any land of his ward during the minority oi.‘ the latter. Brown.

EJEGTIONE FIRMIE. Ejection, or ejectment oi.‘ fnrm. l'he name of a writ or nation of trespass, which lay at common law u here lands or tenements were let for a term or years, and afterwards the iessor, reversioner. !'el.llnii](l€l'—i.1lilll, or may stranger ejected or ousted the lessee of his-term. fcrmc, or farm, (ipsum u firma ejccit.) In this case the latter might hare his writ of ejection, by which he recovered ht first dam- ages for the trespass only, hnt it was after- “ards made a remedy to rt-cmer hack the term itself, or the remninder oi.‘ it, with damages. Reg. Orig. 2271;; Fitzh. Nat Brev. 230, F, G; 3 Bl. Comm. 199; Litt. § 322; Crahb, Eng. Law, 290, 44s. It is the foundation of the modern action of eject- ment.

EJECTMENT. At common law, this was the nnnie of 21 mixed action (springing from the earlier fiersonnl action of ejections

414

EJERCITORIA

firmw) which lay for the recovery oi.‘ the possession of loud, and for dsuuuges for the un- i:1“i‘ui (leiention of Its no. essiou. The Action was highly flctitious. being in theory only for the recovery of a term for years, nnrl brought by a purely flctitions person. as iessce in a supposed lease from the real party in interest. The latter‘s title, how- e\er, must he estahilshedinorder to warrant a recovery, and the estahiishmeut of such title, thougii nominally u mere incident. is in reality the ollject of the action. Hence this convenient (orm of suit came to be adopted as the nsuni method of trying titles to iunrl. See 3 Bl. Comm. 199. French v. Rohh. 67 N. J. Law. 260, )1 Atl. 500. 57 L. R. A. 956. 91 Am. St Rep. 433; Crockett v. Lnshbronls. 5 T. B. Mon. (Ky.) 528, 17 Am. Dec. 95: Wllson v. WigiItman. 36 App. Div. 41. 55 V. 1’. Supp. 800- Hoover v King. 43 Or. 281, 72 Pac. 880 L. R. A. 790. 99 Am. St. Rep. 7. ; Ilaurlsins v. Reichert, 28 Cu]. 536.

It was the only mixed action at common law. the vihoie method of proceeding in whi(h was anomalous, and depended on fictions imenterl nml upheld by the court for the rgnmenience of justice, in Oftiel.‘ to esulpe from the inconven- iences which were found to attend the ancient forms of renl and mixed actions.


It is niso a form of nction by which possessnry tities to corporeal ilereditnments may he tried and possession obtained.

—Ejectmeut bill. A nun in equity brought merely for the recovery of real pi'D[J('i'ty. together with nn account of the rents and profits, without setting out any distinct ground at eq- uity jurisdiction: hence (lernurrable. Crime v Uonkiin. 1 N. J. Eu. 353, 22 Am. Dec. 5i9. —Eqnita'hle ejectment. A proceeding in use in Pennsylvania, brought to enforce S]I(_‘LlrIl.‘ nerfornmnce of a contract for the snie of land. and for some other purposes, winch is in form an nctinn of ejectment, but is in reality a sniv- stitute for a bill in equity. Riel v. Gannon. 161 Pa. 289. 29 AtL -55: \lcKendr'y v. iii: xdrv. 131 Pu. 24, 18 Ati. 1078. a L, R. . .)ll| .—.]'nstine ejectment. A statutory 1 uceetling in Vermont, for the eviction of u lenunl holtlinl over after termination of the iease or lJl‘PH('h at its conditions. Foss v. Stanton, 76 Vt -31.5, 57 ti. 942.

EJECTOR. One who ejects, puts out. or disnoss sses another.

—Ca.suaI ejector. The nominal (l('fl'i.ldIIl'lt in on action of ejectment; so calivd herlnse, by a flrtion of law peculiar to that action. he is sun» posed to come casually or by accident upon the premises and to eject the lawful possessnr. 3 Bl. Comm. 203.

EJEGTUM. That which is thrown up by

the sea. Also jetsam, wreck. etc. EJECTUS. In old English ln.w. A whoremonger. Blount EJERCITORIA. In Spanish low. 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 corcsponds to the antio cz-ercitoria of the

Roman law. Mackeid. Rom. Law. 5 512..