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Mixed Action

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

An uction partaking of the twofold nature of real and personal actions, having for its object the demand and restitution of real property and also personal damages fora wrong sustained.

3861. Comm. 118..

Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for damages in respect of such property; such as the action of waste, where, in addition to the recovery of the place wasted, the demandant claims damages; the writ of entry, in which, by statute, a demand of mesne profits may be joined; aud dower, in which a claim for detention may be included.

45 Me. 255.

In the civil law. An action in which some specific thing was demanded, and alsc some personal obligation claimed to be pevformed; or, in other words, an action which proceeded both it rem and in personam.

Inst. 4, 6, 20.