Actio In Rem

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

An action against the thing. See "Actio" (2).

Ballentine's Law Dictionary

James A. Ballentine · 1916

An action against a thing; for the recovery of a thing or the establishment of a right independent of contract.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

An action against the thing. See Actio in Personam; Actio.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another. Inst. 4, 6, 1. An action for the enforcement of a right (or for redress for its invasion) which was originally available against all the world, and not in any special sense against the individual sued, until he violated it See In Rem.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another. Inst. 4. 6. 1. In rem actio est per quam rem nostram ques ah alio possidetur petimus, et sempe Madverstis eum est qui rem possidet; an action in rem is one by which we demand a thing belonging to us which is possessed by another, and it is always brought against him who has the thinj^ in possession. Dig. 44. 7. 25. Otherwise called vindicatio. Id. ibid. Inst, 4. 6. 15. Bracton confines this description of actions to those brought for the recovery of some immoveable, corporeal thing, (res eorpomlis immobilis,) as land, (fundum aliquern vel lerram,) or some right therein, (jus quod rei adhcereat.) Bract, fol. 102. Hence the meaning of the term real action (actio realis, q. v.) in the common law. An action directed against a thing, out of which the party bringing it seeks to obtam satisfaction, inst^ of proceeding against the person.*' Thus, in the courts of admiralty, where a vessel is libelled for the purpose of obtaining satisfaction of some claim, or on the ground of forfeiture, it is said to be a proceeding in rem, not touching the person. 3 Dallas* R. 297. 1 Rentes Com. 378. Id. 367, note. 3 Id. 196.