Common-Law Actions

Common-Law Actions

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...rem for the vindication of his property right. But trover had a close affinity to detinue, and so deeply rooted was the notion which had been expressed by Brian that we even find some of the judges resisting the adoption of trover as a remedy against a trespasser.' The action of detinue was not used against trespassers until in the nineteenth century; and this extension was accomplished by the use of a fictitious and non-traversable allegation of bailment.' Such were some of the fruits of accepting too literally the doctrine that the trespasser acquires title by his tortious taking. The rule denying the right of the owner to bring trespass against the third hand was naturally applied in cases of bailment, for in the theory of the early law the bailee was debtor to the bailor for the chattel, and the bailor had to look to him, and to him only. Thus if I bail goods to B and the latter sells or gives them to a stranger, I have no action of trespass "iinst such third party. Likewise, originally, the same limitation applied where a stranger acquired possession by a tortious taking from the bailee. This may be explained by saying that the trespass is a wrong against the possession of the bailee, and his possession lcannot ordinarily be treated as the possession of the bailor. At an early day, however, the doctrine just stated was so far relaxed as to allow a bailor to bring trespass against one who disseised his bailee. This made the tortfeasor in such case liable to suit at the instance of either bailor or bailee; but it was said that the one who first sued ousted the other of his action.3 The making of the concession just indicated resulted in this distinction: If I bail goods to a man and he makes delivery to a vendee or...show more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236809505
  • 9781236809506