in English law, a writ or action which lies for the lessee for years, on his being ejected or put out of his land, before the expiration of his term, either by the lessor or a stranger. It may also be brought by the lessor against the lessee, for rent in arrears, or holding over his term, &c. Ejection of late years is become an action in the place of many real actions, as writs of right, formiduous, &c. which are very difficult, as well as tedious and expensive; and this is now the common action for trial of titles, and recovering of lands, &c. illegally held from the right owner; yet where entry is taken away by diffeints, fines, recoveries, dissolutions, &c. an ejectment shall not be brought; whereby we find that all titles cannot be tried by this action.

The method of proceeding in the action of ejectment is to draw up a declaration, and feign therein a lease for three, five, or seven years, to him that would try the title; and also feign a casual ejector or defendant; and then deliver the declaration to the ejector, who serves a copy of it on the tenant in possession, and gives notice at the bottom for him to appear and defend his title; or that he the feigned defendant will suffer judgment by default, whereby the true tenant will be turned out of possession; to this declaration the tenant is to appear at the beginning of next term by his attorney, and consent to a rule to be made defendant, instead of the casual ejector, and take upon him the defence, in which he must confess leale, judgment, entry, and waiver, and at the trial stand upon the title only; but in case the tenant in possession does not appear, and enter into the said rule in time, after the declaration served, then, on affidavit being made of the service of the declaration, with the notice to appear as afore- said, the court will order judgment to be entered against the casual ejector by default; and thereupon the tenant in possession, by writ habere facias possessionem, is turned out of his possession. On the trial in ejectment, the plaintiff's title is to be set forth from the person last seised in fee of the lands in question, under whom the lessor claims down to the plaintiff, proving the deeds, &c., and the plaintiff shall recover only according to the right which he has at the time of bringing his action. And here, another who hath title to the land, upon a motion made for that purpose, may be defendant in the action with the tenant in possession, to defend his title; for the possession of the lands is primarily in question, and to be recovered, which concerns the tenant, and the title thereto is tried collaterally, which may concern some other.