Online Encyclopedia

TROVER (0. Fr. trover, to find, mod. ...

Online Encyclopedia
Originally appearing in Volume V27, Page 314 of the 1911 Encyclopedia Britannica.
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TROVER (0. Fr. trover, to find, mod. trouver)  , or " trover and conversion," the name of a form of
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action in
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English law no longer in use, corresponding to the
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modern action of conversion . 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 . The name trover is due to the action having been based on the fictitious averment in the
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plaintiff's declaration that he had lost the goods and that the
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defendant had found them . The necessity for this fictitious averment was taken away by the
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Common Law Procedure Act 1852 . An action of trover
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lay (as an action of conversion still lies) in every case where the defendant was in possession of a chattel of the plaintiff and refused to deliver it up on request, such refusal being prima facie evidence of conversion . The damages recoverable are usually the value of the chattel converted . In an action for detention of a chattel (the representative of the old action of detinue), the plaintiff may have
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judgment and execution by writ of delivery for the chattel itself or for its value at his option . An action for conversion or detention must be brought within six years . The corresponding action in Scots law is the action of spuilzie . It must be brought within three years in order to entitle the pursuer to violent profits, otherwise it prescribes in
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forty years .

End of Article: TROVER (0. Fr. trover, to find, mod. trouver)
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