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" In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. "
A Practical Treatise on Pleading and on the Parties to Actions and the Forms ... - Page 286
by Joseph Chitty - 1809
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New Reports of Cases Argued and Determined in the Court of Common ..., Volume 1

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1806 - 440 pages
...action pf trover, says Lord Mansfieldin Cotppcrv.Chitty, 1 Bur. 31. is in form a fiction, in substance a remedy to recover the value of personal chattels wrongfully converted by another to his own use. But the case is very different in detinue, for the goods may be detained, and rightly de-. tained;...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 1

Great Britain. Court of King's Bench, James Burrow - 1812 - 662 pages
...the solution of the question in this particular сазе. '* Inform it is a fiction : in substance a remedy to recover the value of personal chattels...converted by another to his own use. The form supposes the defendant m:iy have come lawfully by the possession of the goods. :T4ii^aetion lies, and haa been...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 450 pages
...for the tenants, i. 333. TROVER Is a fiction, -in its form : but in its substance, a remedy, i. 31. It is a remedy to. recover the value of personal chattels, wrongfully converted by another to his own use. i. 31. The form supposes that the defendant may have come lawfully by the goods, i. 31. And it lies...
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - 1819 - 544 pages
...Mansfield tnus defined this acúon(r) : « In " form it (ie the trover) is a ficiion ; in »ubstance it is a remedy to " recover the value of personal chattels wrongfully converted by ano" thep to his own use ; the form supposes that the defendant might " have come lawfully by it, and...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 3

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821 - 648 pages
...taken by the defendant below from a lot of land claimed by the plaintiffs. This action is in substance a remedy to recover the value of personal chattels,...wrongfully converted by another to his own use. The plaintiff must have a pro^ perty in the chattel^ general or special, and the actual possessiog, or...
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Reports of Cases Argued and Determined in the Courts of Common Pleas and ...

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 864 pages
...Cooper v. Chitty, by Burroiv, is made to say, that (a) " trover is in form, a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use: and has been brought in many cases, where, in truth, the defendant has got the possession lawfully;—that...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1834 - 1058 pages
...towards the solution of the question in this particular case. In form it is a fiction ; in substance a remedy to recover the value of personal chattels...converted by another to his own use. The form supposes the defendant may have come lawfully by the possession of the goods. This action lies and has been...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...towards the solution of the question in this particular case. In form, it is a fiction; in substance, a remedy to recover the value of personal chattels...converted by another to his own use. The form supposes the defendant may have come lawfully by the possession of the goods. This action lies and has been...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 4

Vermont. Supreme Court - 1833 - 660 pages
...is not to be confounded in a net of forms. The action of trover is in form a fiction ; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. Consequently, the rule of damages in this action is the value of the goods at the time of the conversion...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 pages
...particular case. In form it is a. „. fiction ; in substance a remedy to recover the value of CARLISLE. personal chattels wrongfully converted by another to his own use. The form supposes the defendant may have come lawfully by the possession of the goods. This action lies and has been...
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