Debet Et Detinet

pleading. He owes and detains. In an action of debt the form of the writ is either in the debet and detinet, that is, it states that the defendant owes and unjustly detains the debt or thing in question; it is so brought between the original contracting parties; or, it is in the detinet only, that is that the defendant unjustly detains from the plaintiff the debt or thing for which the action is brought; this is the form in action by an exnot due to him, but it is unjustly detained from him. There is one case in which the writ must be in the detinet between the contracting parties. ‘This is when the action is instituted for the recovery of goods, as a horse, a ship and the like, the writ must be in the detinet, for it cannot be said a man owes another a horse or a ship, but only that he detains them from him.

3 BI. Com. 158, 4; 11 Vin. Ab. 321; 2 Bac. Ab. 287; 1 Lilly’s Reg. 548; Dane’s Ab. h. t.