Legal Definitions - ex demissione

Ex demissione is a historical Latin phrase meaning "upon the demise" or "from the lease." It was formerly used as a crucial part of the formal title for a specific type of legal action known as "ejectment."

In English legal history, an action of ejectment was the primary method for someone to recover possession of land that they believed was being wrongfully occupied or withheld from them. To simplify the legal process, a legal fiction was created: the actual claimant (the person who truly believed they owned the land) would pretend to have leased the land to a fictional tenant. This fictional tenant would then claim to have been "ejected" or thrown off the land by the defendant (the person currently in possession).

The phrase "ex demissione" in the case title indicated that the lawsuit was being brought "on the demise" or "on the lease" of the actual claimant. It clarified that the fictional tenant's right to sue for possession originated from the lease granted by the true owner.

• Example 1: Neighboring Property Dispute

  Imagine a historical scenario where Mr. Henderson believes his neighbor, Ms. Davies, has built a fence encroaching onto his property. Under the old system, Mr. Henderson couldn't directly sue Ms. Davies for possession in an ejectment action. Instead, he would formally "lease" the disputed strip of land to a fictional tenant, perhaps named John Doe. John Doe would then bring the lawsuit against Ms. Davies, claiming she had wrongfully ejected him from the land he leased from Mr. Henderson. The case title would appear as "Doe ex demissione Henderson v. Davies." This title clearly shows that Doe's claim to possession is "from the lease" granted by Henderson, the true claimant.

• Example 2: Disputed Inheritance of Land

  Consider a situation in the 18th century where two cousins, Eleanor and Robert, are disputing the rightful ownership of a family estate following a will. Eleanor believes a particular farm on the estate belongs to her, but Robert is currently occupying it. To initiate an ejectment action, Eleanor would "lease" the farm to a fictional tenant, let's say Richard Roe. Richard Roe would then sue Robert for possession. The lawsuit's title would be "Roe ex demissione Eleanor v. Robert," signifying that Roe's claim to the land is based "upon the demise" or lease provided by Eleanor, the actual party asserting ownership.

• Example 3: Commercial Leasehold Dispute

  Suppose a landlord, Mr. Thompson, believed his tenant, Mrs. White, had violated the terms of her commercial lease and was refusing to vacate the premises, even though the lease had expired. If Mr. Thompson wanted to recover possession through an ejectment action, he would technically "lease" the property to a fictional tenant, such as William Green. Green would then sue Mrs. White for unlawfully holding the property. The case would be titled "Green ex demissione Thompson v. White," indicating that Green's right to sue for possession stemmed "from the lease" granted by Mr. Thompson, the actual landlord seeking to regain his property.