QUARE EJECIT INFRA TERMINUM

 

quare ejecit infra terminum (kwair-ee i-jee-sit in-fr<<schwa>> t<<schwa>>r-m<<

schwa>>-n<<schwa>>m), n.[Law Latin “why he ejected within the term”] Hist. A writ for a lessee

who was prematurely ejected, when the ejector was not actually in possession but one claiming

under the ejector was.

“For this injury the law has provided him with two remedies … the writ of ejectione firmae; …

and the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector

himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat

between real and personal; for therein are two things recovered, as well restitution of the term of

years, as damages for the ouster or wrong.” 3 William Blackstone, Commentaries on the Laws of

England 199 (1768).  [Blacks Law 8th]