Debet et detinet

He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiffs declaration,) in an action of debt, where it was brought by one of the original contracting parties who personally gave the credit, against the other who personally incurred the debt, or against his heirs, if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenunt, ete. The declaration, in such eases, states that the defendant “owes to,” as well as “detaius from,” the plaintiff the debt or thing in question; and hence the action is said to be “in the debet et detinet.” Where the declaration merely states that the defendant detains the debt, (as in actions by and against an executor for a debt due to or from the testator,) the action is said to be “in the detinet” alone. Titzh, Nat. Brev. 119, G.; 3 Bl. Comm. 155.

Lat. He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiff's declaration,) in an action of debt, where it was brought by one of the original contracting parties who personally gave the credit, against the other who personally incurred the debt, or against his heir if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenant, &c. The declaration, in such cases states that the defendant "owes to," as well as "detains from" the plaintiff the debt or thing in question; and hence the action is said to be "in the debet et detinet." F. N. B. 119, G. 3 Bl. Com. 155. Where the declaration merely states that the defendant detains the debt, (as in actions by and against an executor for a debt due to or from the testator,) the action is said to be "in the detinet" alone. Id. ibid. Tomlins. See 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.