The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.

Of Judgment against ones own Ejector.

Judgment against the casual Ejector, Coun∣cil prayed that he might not plead to the Declaration of Michaelmas Term on Lease of the Bishop of Worcester, made this January Habend' from the 20th of October last, which is ill, per Cur', and Judgment stayed; but this is a good Declaration of this Term by new Delivery, tho' of Course a Declaration is of that Term always when the Tenant ap∣pears, which was but this Term, yet Judg∣ment stayed, 3 Keb. 729. Hill. 18. Car. 2. Finch and Pley.

The Action was of Easter Term, and the Demise and Title of the Plaintiff is but two days before Trinity Term, and there was a Rule for Judgment against the casual E∣jector; per Cur' this is but a Trick to gain Possession, as Sir Richard Mincham's Case was, who delivered Ejectments in his Wife's Life-time on Lease then when he had Title as of subsequent Term when she was dead; and it is not fit to put the Tenant to a Writ of Error: So the Rule was set aside, and ordered a new Declaration, 3 Keb. 343. Tr. 26 Car. 2. Stedman's Case.

Judgment against ones own Ejector can∣not be entred, till the Postea retorned and indorsed, that the Nonsuit was for want of confessing Lease, Entry and Ouster, which the Secondaries agreed for a Rule, 1 Keb. 246. Sir Hugh Middleton's Case.

Council prayed Judgment against his own Ejector in an Action for Lands in the Coun∣ty Palatine of Chester, which the Court grant∣ed; because when the Defendant hath pleaded to Issue, they may try it by Mitti∣mus in the County Palatine, 2 Keb. 135. Red∣dish against Smith.

Notes

• Declaration is of that Term when the Te∣nant appears.
• A Trick to gain possession.
• When Judg∣ment against ones own Eje∣ctor to be en∣tred.
• Judgment a∣gainst ones own Ejector for Lands in Com' Chester.