Actio In Rem

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.