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TROVER (0. Fr. trover, to find, mod. trouver) , or " trover and conversion," the name of aSee also: form of See also: action in See also: English See also: law no longer in use, corresponding to the See also: modern action of conversion
.
It was brought for damages for the detention of a See also: 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 See also: plaintiff's declaration that he had lost the goods and that the See also: defendant had found them
.
The See also: necessity for this fictitious averment was taken away by the See also: Common Law Procedure See also: Act 1852
.
An action of trover See also: lay (as an action of conversion still lies) in every See also: case where the defendant was in possession of a chattel of the plaintiff and refused to deliver it up on See also: 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 See also: 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 See also: order to entitle the pursuer to violent profits, otherwise it prescribes in See also: forty years
.
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