EVICTION

Dispo e ion by proce of law; the act of depriving a person of the po e ion of lands which he has held, in pursuance of the judgment of e. court. Reasoner v. Edmundson, 5 Ind. 395; Cowdrey v. Coit, 44. N. Y. 392, 4 Am. Rep. 690; Home Life Ins. Co. v. Sherman, 46 N. Y. 372. Technically, the dispo e ion must be by judgment of law; if otherwise, it is an ouster. Eviction implies an entry under paramount title, so as to interfere with the rights of the grantee. The object of the party making the entry is immaterial, whether it be to take all or a part of the land itself or merely an incorporeal right. Phrases equivalent in meaning are. «ouster by paramount title;" "entry and disturbance," "po e ion under an elder title," and the like. Mitchell v. Warner, 5 Conn. 400'. Eviction.is an actual expulsion of the le ee out of all or some part of the demised premises, Pend let on 1', Dyett, 4 Cow. {N. Y.):581, 586. [s. 452]