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Actio Publiciana

Defined in 3 dictionaries — Cyclopedic (1922), Black's (1891), Burrill (1850)

The Cyclopedic Law Dictionary

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

In the civil law. An action which lay for one who had lost a thing of which he had bona fide obtained possession before he had gained a property (dominium) in it, in order to have it restored, under color that he had obtained a property in it by prescription. Inst. 4. 6. 4; Dig. 6. 2; Heinec. Elem. Jur. Civ. lib. 4, tit. 6, § 1131; Halifax, Anal. bk. 3, c. 1, note 9. It was an honorary action, and derived its name from the praetor Publicius, by whose edict it was first given. Inst. 4. 6. 4.

A Dictionary of Law

Henry Campbell Black · 1891

In the civil law. An action which lay for one who had lost a thing of which he had bene fide obtained possession, befure he had gained a property in it, in order to have it restored, under color that he had obtained a property in it by prescription. Inst. 4, 6,4; Heinecc. Elem. lib. 4, tit. 6, § 1131; Halifax, Anal. b. 3, ¢c. 1, n.9. It was an honorary action, and derived its name from ihe prictor Publicius, by whose edict it was first given. Inst. 4, 6, 4. Aetio quelibet it sua via. Every action proceeds in its own way. Jenk. Cent. 77.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

In the civil law^ An action which lay for one who had lost a thing of which he had bona fide obtained possession, before he had gained a property in it, in order to have it restored, under color that he had obtained a property in it by prescription. Inst. 4. 6. 4. Heineee. EUm. lib. 4, tit. 6, § 1181. Salifax Anal. b. 3, c. 1, n. 9. ACnO QUANTI MINORIS.

In the cml law. An action given to a purchaser w Ik) had paid more for. a thing than it was intrinsicalij worth, to recover back so much of the price as the thing was of less value (quand minoris) or fell short in value, by reason of the defect.* Fotkier, Contract of Sale, part 2, ch. 1, sect. 4, art. 5. 1 Karnes* Equity, 271.