Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

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

Online Encyclopedia
Originally appearing in Volume V27, Page 314 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

TROVER (0. Fr. trover, to find, mod. trouver)  , or " See also:trover and See also:conversion," the name of a See 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 See also:damages for the detention of a See also:chattel, and differed from See also: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 See also: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 See also: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 See also:possession of a chattel of the plaintiff and refused to deliver it up on See also:request, such refusal being prima facie See also: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 See also:execution by See also:writ of delivery for the chattel itself or for its value at his See also: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 .

End of Article: TROVER (0. Fr. trover, to find, mod. trouver)
[back]
TROUVILLE
[next]
TROWBRIDGE

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click and select "copy." Paste it into a website, email, or other HTML document.