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Topic: Detinue

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	Detinue - Wikipedia, the free encyclopedia
		For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant; and second, that the defendant refused to return the chattel once demanded by the claimant.
		Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld.
		In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it.
	en.wikipedia.org /wiki/Detinue (296 words)

	NationMaster - Encyclopedia: Detinue (Site not responding. Last check: 2007-10-09)
		Detinue was abolished from 1st January 1978 by the Torts (Interference with Goods) Act 1977 but the tort of conversion was extended at the same time to cover circumstances that had only been covered by detinue in the past.
		Unlike other remedies, detinue is not extinguished by the passage of time as long as the owner of the chattel pursues return of the chattel in a timely manner once he or she re-locates the chattels.
		Detinue is unique from other remedies in that it can force the return of the chattel instead of just the payment at the market-value of the chattel at the time of judgment.
	www.nationmaster.com /encyclopedia/Detinue (1937 words)

	[No title]
		Detinue of charters is a special subset of detinue, particularly important because of the importance of specialty in debt or for evidence of property in land.
		With detinue of charters, the reason for the influence of the Black Death was that, with the death of a third of the population and the consequent volume of inheritances, charters were absolutely crucial but often by successive deaths in inappropriate hands.
		In detinue of a writing it was pleaded to the country[3] on a traverse of the detinue,[4] and now it is found by verdict that the charter has been burnt by the defendant.
	vi.uh.edu /pages/bob/elhone/Detinue.html (2226 words)

	detinue - Article and Reference from OnPedia.com
		In law, detinue is a common law remedy to obtain the return of chattels (personal property or portable property) that have been wrongly converted to the use of another person, or are being unlawfully withheld from a person with good title to the chattel.
		Detinue may also be obtained even if the person holding the chattel is not the person who illegally converted it.
		In some cases, documents abandoned by the government that later turn out to have historic value can be re-claimed in detinue, even though abandoned property may generally be taken by anyone and the original taking resulted in the preservation of the document.
	www.onpedia.com /encyclopedia/detinue (436 words)

	* Detinue - (Law): Definition
		DETINUE - The name of an action for the recovery of a personal chattel in specie.
		Detinue A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property,...
		Detinue: Tort involving the defendant's retention of property belonging to the plaintiff after the plaintiff has demanded its return.
	en.mimi.hu /law/detinue.html (180 words)

	Legal Definition of 'Detinue'
		The goods which it is sought to recover, must be capable of being distinguished from all others, as a particular horse, a cow, etc., but not for a bushel of grain.
		Detinue cannot be maintained where the property sued for had ceased to exist when the suit was commenced.
		The plaintiff may declare upon a bailment or a trover; but the practice, by the ancient common law, was to allege, simply, that the goods came to the hands, etc., of the defendant without more.
	www.lectlaw.com /def/d154.htm (565 words)

	Detinue - LegalOwl (Site not responding. Last check: 2007-10-09)
		Detinue is similar to replevin, except that in a detinue action, the court grants a money judgement and sets a fair market value for the collateral, and gives the debtor between 10 and 30 days to redeem it.
		detinue A common law action similar to conversion which involves possession of plaintiff's property by the defendant which the plaintiff asks a court to return in addition to damages for the duration of the possession.
		It was brought for damages for the detention of a chattel, and differed from detinue in that the latter was brought for the return of the chattel itself.
	www.legalowl.com /topics/Detinue (2538 words)

	[No title]
		Wingard contends that the plaintiffs were required to accept the return of the mobile home rather than attempt to enforce their judgment in detinue by seeking the alternate value of the mobile home.
		Code 1975, is largely unchanged from the original versions of the codification of statutes pertaining to the execution of detinue judgments.
		Plaintiff was not bound to accept the alternative value in lieu of the specific property, and thereby satisfy her judgment against defendant, and relieve the sheriff from all liability for failure to discharge his duty under this writ....
	www.birminghambar.org /data/SlipOpinions/CivApp/2020702.htm (1950 words)

	The K-Zone: Detinue
		The tort of detinue was quite wide-ranging about 200 years ago, but its role was gradually taken over by the tort of conversion.
		There is or, rather, was a detinue, if the defendant used or retained goods supplied by the claimant under a bailment without authorisation.
		By the late 20th century, detinue had contracted until it was only pleaded in cases where the bailee had received the goods, and then lost them.
	www.kevinboone.com /lawglos_Detinue.html (185 words)

	Detinue: West's Encyclopedia of American Law
		Dating back to the twelfth century, detinue is one of the oldest forms of action in common law, along with the action of debt—a lawsuit for a specific sum of money owed.
		In detinue a favorable judgment awarded the plaintiff the actual chattels—items of personal property—or their value in money.
		For example, an action of detinue was available against someone who wrongfully refused to return goods that were held subject to a BAILMENT, such as a deposit for safekeeping or repair.
	law.enotes.com /wests-law-encyclopedia/detinue (144 words)

	Shenandoah Legal Group, P.C. - Replevin/Detinue
		Detinue is similar to replevin, except that in a detinue action, the court grants a money judgment and sets a fair market value for the collateral, and gives the debtor between 10 and 30 days to redeem it.
		Common names of actions similar to detinue are replevin, claim and delivery, pre-judgment attachment, pre-judgment seizure, wrongful distraint, and repossession.
		In addition to tendering the balance due under the contract, the borrower must pay the reasonable expenses the creditor incurred in repossessing the vehicle, holding it, preparing it for sale, and the extent provided in the contract and not prohibited by law, reasonable attorney’s fees and legal expenses.
	www.shenlegal.com /replevin.html (450 words)

	DETINUE (detenue de vu... - Article en ligne de l'information environ DETINUE (detenue de vu...
		DETINUE (detenue de vue de O., de dét...
		DETINUE (detenue de vue de O., de détente, pour se tenir en arrière)
		DETINUE (detenue de vue de O., de détente, pour se tenir en arrière), légalement, une See also:
	encyclopedia.jrank.org /fr/DEM_DIO/DETINUE_detenue_de_vue_de_O_de_.html (335 words)

	Detinue (Site not responding. Last check: 2007-10-09)
		It is different in the sense that while replevin is based upon wrongful taking of property, detinue is based upon wrongful holding or retaining the property.
		Besides, in detinue, the defendant takes the property by lawful means and the plaintiff need not ever have possessed the property to claim a right to the property in detinue.
		The judgment usually in such cases is that the plaintiff recover the goods, or, if they cannot be had, then their respective values, and the damages rewarded for the detention.
	www.wwlia.org /Detinue.htm (200 words)

	Detinue Law and Legal Definition - USlegalforms.com
		Detinue is similar to replevin in that it seeks a recovery of a specific item of property.
		However, unlike replevin, which is based upon a wrongful taking of the property, detinue is based upon the wrongful holding or retainer of the property.
		The defendant in detinue takes the property by lawful means and the plaintiff need not ever have possessed the property to claim a right to the property in detinue.
	www.uslegalforms.com /legaldefinitions/d/detinue.php (310 words)

	The Pasteur Galaxy - William Johnston and wife v. Abner Pasteur (New Bern, 1803)
		In this Court it hath been unanimously agreed in each particular case, that slaves to which the wife has title, but of which the enjoyment was prevented [**2] during the coverture by an adverse possession, do not, upon the wife's death, devolve upon the husband, by virtue of her marital rights.
		The same Judge observes, that in his long experience he does not recollect an instance where the slaves of a feme covert or sole, when the right came to her, if they were not taken possession of by the husband during the coverture, and she survived, were not yielded to her.
		For these reasons, we are of opinion that the wife was properly joined with the husband in an action of detinue brought to recover her slaves, which had not been possessed by him.
	php.pasteur.net /modules.php?name=News&file=print&sid=127 (2297 words)

	Writ of debt detinue dower
		With a w5it of debt detinue dower legal separation from the bondage of your partial debts bankruptcy is both flexible and rigid.
		Under this arrangement, writ of ddbt detinue dower a single loan is used to repay all debts of the borrower.
		There are literally millions around writ oof debt detinue dower the world who plan their monthly spending or budgets in general along the line of credit their banks give them.
	devetame.tripod.com /writ-of-debt-detinue-dower.htm (6681 words)

	The K-Zone: Interference with goods
		Detinue is the retention of someone else's goods without authorization.
		Until 1977, detinue was only a separate tort if the goods came into the defendant's possession with the authority of the the claimant (that is, the defendant was the bailee of the claimant), and they were subsequently lost, or stolen by a third party.
		The TortsInterferenceWithGoodsAct1977 abolitioned detinue as a separate tort, and expanded conversion to encompass it.
	www.kevinboone.com /lawglos_InterferenceWithGoods.html (517 words)

	U2 (Andrew Tettenborn, 15 Nov 2006)
		This is wrong-based: conversion and detinue are torts, after all.
		This is because of the astonishingly wide scope of detinue and conversion.
		Detinue was in its origin clearly a claim that satisfied Q1.
	www.ucc.ie /law/restitution/rdg/kk0611005.htm (1029 words)

	Writ of debt detinue dower
		An example of how writ of dbt detinue dower to use debt consolidation loans for people is when any borrower has taken loans from three or four creditors at different interest credit rates.
		Her articles endeavor to wr9t of debt detinue dower provide you the wise counsel in the most elementary way for the benefit of the readers.
		Your credit card company may or writ 0f debt detinue dower may not be willing to work out a payment plan, but it costs you nothing to ask them, and negotiating a settlement with them may be cheaper for you than if you consult with a debt consolidation firm.
	todebt.150m.com /writ-of-debt-detinue-dower.htm (4832 words)

	Alofaifo v Ekeroma [2004] WSSC 11 (31 August 2004)
		By motion for a “writ of detinue”, the plaintiff is seeking an order to direct the defendant to release immediately to his custody or the custody of the Justice Department for safe-keeping until the final determination of this matter, the motor vehicle he had sold to the defendant.
		The plaintiff has therefore filed his motion for a writ of detinue to direct the defendant to hand over possession of the vehicle to his custody or the custody of the Justice Department for safe keeping pending final determination of this matter.
		There is also no mention in the rules of a writ of detinue so that such a remedy, unless it means the same thing as a writ of possession provided in rule 173, does not exist under the rules.
	www.worldlii.org /paclii/ws/cases/WSSC/2004/11.html (1844 words)

	KOWAL v. ELLIS
		Torts —; Detinue — Plaintiff finding pump lying unattached on surface of defendant's land — Defendant taking pump from plaintiff — Whether plaintiff became bailee of pump on taking possession — Whether defendant had title to pump superior to that of plaintiff — Whether plaintiff entitled to return of pump.
		Thus plaintiff was entitled to possession of the pump, unless the defendant asserted and proved a title to the pump superior to that of the plaintiff.
		APPEAL by the defendant from a judgment in favour of the plaintiff in an action in detinue for the return of a pump.
	www.umanitoba.ca /faculties/law/Courses/Fainstein/kowal.htm (1784 words)

	Bouvier (Site not responding. Last check: 2007-10-09)
		The detention may be unlawful, although the original taking was lawful; as when goods were distrained for rent, and the rent was -afterwards paid; or when they 'Were pledged, and the money borrowed, and interest were afterwards paid; in these, and the like cases, the owner should make a demand, (q.
		It is illegal when the taking was unlawful, as is the case of forcible entry and detainer, although the party may have a right of possession; but, in some, cases, the (retention may be lawful, although the taking may have been unlawful.
		When the taking was legal, the detention may be illegal; as, if one borrow a horse, to ride from A to B, and afterwards detain him from the owner, After demand, such detention is unlawful, and the owner may either retake his property, or have an actiqn of replevin or detinue.
	www.jusbelli.com /Bouvier/bouvier1856_det.html (2799 words)

	DETINUE
		A form of action for the recovery of a personal chattel wrongfully detained.
		"DETINUE" is generally used as a noun (singular) -- approximately 100.00% of the time.
		"DETINUE" is used about 19 times out of a sample of 100 million words spoken or written in English.
	www.websters-online-dictionary.org /De/Detinue.html (375 words)

	BCLRC Report on Wrongful Interference With Goods
		The approach recommended is to replace the older remedies with a new statutory remedy giving the courts flexibility to tailor relief to the needs of the case before them, uninhibited by limitations that were shaped by historical considerations that for some time now have lost their relevance.
		One example might be useful: in detinue and in conversion, as discussed in the last Chapter, evidence of the tort may consist of (1) a request for return of the goods, and (2) an unqualified refusal to return them.
		Detinue's popularity was due to the unusual remedy it provided, namely the return of property.
	www.bcli.org /pages/publications/lrcreports/reports(html)/Lrc127text.html (17698 words)

	Writ of detinue
		If you have a better definition for Writ of detinue than the one presented here, please let us know by making use of the suggest a term option.
		This definition of Writ of detinue may be disputed by other professionals.
		Our attempt is to provide easy definitions on Writ of detinue and any other medical topic for the public at large.
	www.juridicaldictionary.com /Writ_of_detinue.htm (2330 words)

	Heung-A v. New Rank
		In this case, the claimants, a container liner operator, were unsuccessful in a claim for detinue (the unlawful detention of a chattel that belongs to another person) in respect of 37 of their containers.
		The claim was brought against another carrier and the operator of a container depot in which the containers were stored under lien by that carrier for unpaid freight and other charges relating to the cargo in the containers.
		Further, the court held that the claimants had impliedly consented to the containers being handled in accordance with the terms of the second carrier’s bills of lading (which included the lien clause), when their Hong Kong agents delivered the containers to it.
	www.onlinedmc.co.uk /heung-a_v__new_rank.htm (1230 words)

	Writ of debt detinue dower
		Most people today think that to writ of debt detinue doer be frugal one must live out of a shack and only make purchases when they are on clearance (or if it s life or death).
		And the same would be the case wrot of debt detinue dower for a big chunk of the UK population.
		Once the information of writ of dsbt detinue dower the debts is provided to the loan provider, then their trained representatives will handle the several creditors of the borrower.
	anapox.fcpages.com /writ-of-debt-detinue-dower.htm (6322 words)

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