Actio Mixta

or MISTA. In the civil law. A mixed action; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an oditio in rem, and in personam.

Inst. 4. 6. 16, 18, 19, 20. 1 Mackeld. Civ. Law, 193, § 196.

An action in which each party is actor, or plaintiff; such as the sjctiojis finium regundorum, familioe erciscundoB, communi dividundo, and others.

Dig. 47. 7. 37. 1.

Bracton adopts both these significations, describing the actio mixta, in the first sense, as one which claims a thing itself, and a penalty for its unjust detention, ( persequitur rem ipsam, et pcenam propter injustam detentionem.) Bract, fol.

102 b. 372 a.

Hence the mixed action of the common law.

See Mixed action.