Forms of Action - Part C Flashcards

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1
Q

what is an ejectment action?

A

concerns who holds title to land

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2
Q

what does the plaintiff have to show to win an ejectment action?

A

must recover on strength of own title, cannot win by showing that def does not hold title

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3
Q

what kind of property does an ejectment action involve?

A

real property

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4
Q

where is an ejectment action filed?

A

only in cc

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5
Q

who must be made a defendant in an ejectment action?

A

the person occupying the land, as must any person claiming title

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6
Q

what can a plaintiff ask for in an ejectment action?

A

money damages along with a writ of possession

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7
Q

what is a “bill to quiet title”?

A

similar to an ejectment action, but it is an equitable action by which the court can determine title to land. However, this is generally unavailable when a claim at law (ejectment) would provide an adequate remedy

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8
Q

what is a suit to establish boundary to land?

A

asks the court to determine the location of a boundary line between adjoining properties

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9
Q

where do you file a suit to establish boundary

A

only in cc

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10
Q

what happens when you file a suit to establish boundary?

A

no damages awarded. the court can order a survey to establish boundary

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11
Q

what is a partition action?

A

suit to divide jointly owned land or personal property when the owners cannot agree about what to do with it or what their interests are; an equitable proceeding

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12
Q

what court is a partition action brought in if its land?

A

cc

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13
Q

what court is a partition action brought in if it is pp?

A

cc or gdc depending on the dollar value

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14
Q

may a creditor bring a suit seeking partition?

A

yes to recover the value of debtor’s share of jointly-owned property

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15
Q

what kind of interest in land cannot bring a partition action?

A

tenancy by the entirety. additionally, a creditor cannot bring a partition suit in this situation either

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16
Q

how does a court decide what kind of partition is appropriate?

A

the primary mission will be to decide whether the property can be divided in kind among the owners. if it can be done fairly or conveniently, then the court must divide it in kind

17
Q

what if it cannot be done fairly or conveniently?

A

then the court may permit the parcel to be sold to one or more of the owners who will accept it and pay the owners a fair amount for his or their interests

18
Q

what is the last resort for a partition action?

A

if nothing else can be done, the court may order a sale for hat land and divide the proceeds

19
Q

when is a partition action not appropriate?

A

when two parties each claim to own 100% of the title to the property