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Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
With respect to the ejectment cause of action, Hall would have held that: "[W]here a plaintiff seeks ejectment damages, rather than restoration of a possession interest, application of the doctrine of laches to such a money damage claim is rarely if ever justified." [27] Hall also would not have applied laches to the trespass cause of action. [28]
Although the complaint named over 6,000,000 acres (24,000 km 2) conveyed in such manner, the suit involved only the portion of that land held by the two counties. As damages, the tribes asked only for the fair rental value of the lands from the period January 1, 1968 through December 31, 1969.
This was the second time the Supreme Court had granted certiorari to the Oneida's land claim. Over a decade earlier, in Oneida Indian Nation of New York v.County of Oneida (1974), the Supreme Court had allowed the same suit to proceed by unanimously holding that there was federal subject-matter jurisdiction to hear the claim. [2]
The remaining people living in the woods off Route 66 in Neptune have until Oct. 27 to get out after a judge approved an ejectment action. Court tells Neptune homeless they have three months to ...
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." [ 3 ] Grounds for a quiet title action or complaint
It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass. [78] Seneca Nation of Indians v. Christy (1896), the first aboriginal title claim by an indigenous plaintiff to reach the U.S. Supreme Court, typifies the state of the law up until that point, and largely until ...
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