The early records of Elizabeth City County, Virginia that would document the Buckrow purchase have been lost / destroyed; however, a lengthy suit of ejectment related to land title disputes refers to earlier records that provide context.
32.
Depending on the applicable law, the Taney Court held that aboriginal title could sometimes be asserted as a defense in trespass, ejectment, and writ of right actions, even by those with no claim to title themselves.
33.
A disseisor will be committing a civil trespass on the property he has taken and the owner of the property could cause him to be evicted by an action in trespass ( " ejectment " ) or by bringing an action for possession.
34.
He took up land grants at what was to become Erskineville; the disposal of this estate after his death led to " Doe dem Devine v . Wilson and Others ", popularly known as the " Newtown Ejectment Case ".
35.
In " Marsh v . Brooks " ( 1850 ), in dicta, the Court declared : " That an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question ."
36.
The " Oxford English Dictionary " states that John Doe is " the name given to the fictitious lessee of the plaintiff, in the ( now obsolete in the UK ) mixed action of ejectment, the fictitious defendant being called Richard Roe ".
37.
Armed with the warrant of ejectment, the colonel and Wildrake, accompanied by the mayor and the minister, visited the Commissioners during their evening carouse, and took part in endeavouring to ascertain the cause of some startling occurrences by which they had been disturbed.
38.
The action was in the nature of ejectment, brought in the Superior Court of the Los Angeles County by Dominga Dominguez against Brigido Botiller and others, to recover possession of a tract of land situated in said county, known as'Rancho Las Virgenes '.
39.
In " Cayuga Indian Nation of N . Y . v . Pataki " ( 2005 ), where the Second Circuit held that laches bars all aboriginal title claims sounding in ejectment or trespass, the Cayuga's claim was on the supplemental list.
40.
The court held further that there was no basis for holding that the bank knew of the existence of the lease at the time the mortgage was entered into, and that, accordingly, the bank was entitled to an order for the ejectment of the second respondent.
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