Detinue

I. fr. and eng. A personal actiqn ex delicto, now generally obsolete, to recover the speciflc possession of a peraonal chattel lawfully taken but wrongfully detained, or its valna, flnrl dama^pa for its detentio n.

In practice. A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together with damages for the detention. 3 Bl. Comm. 152. The action of detinue is defined in the old books as a remedy founded upon the delivery of goods by the owner to another to keep, who afterwards refuses to redeliver them to the bailor; and it is said that, to authorize the maintenance of the action, it is necessary that the defendant should have come lawfully into the possession of the chattel, either by delivery to him or by finding it. In fact, it was once understood to be the law that detinue does not lie where the property had been tortiously taken. But it is, upon principle, very unimportant in what manner the defendant's possession commenced, since the gist of the action is the wrongful detainer, and not the original taking. It is only incumbent upon the plaintiff to prove property in himself, and possession in the defendant. At present, the action of detinue is proper in every case where the owner prefers recovering the specific property to damages for its conversion, and no regard is had to the manner in which the defendant acquired the possession. 9 Port. (Ala.) 151.

An action for depriving one of the possession of personalty acquired originally by lawful means. Thus, if A lends B a horse, and B refuses to restore it, the injury consists in the detaining, not in the orig- 1 See 3 Bl. Com. 179. = Ladd V. Dubroca, 45 Ala. 427 (1871); 71 id. 571; 1 Euss. Cr. 310; 41 111. 285; 4 Bl. Com. 148. ' L. detemiinare, to end, bound: terminus, limit, boundary. * See 2 Bl. Com. 121, 146; 1 Washb. E. P. 380. ' ' [Sharp V. Curds, 4 Bibb, 548 (1817). d taking: and possession may be recovered by an tion.of detinue. To successfully maintain the ac- >u it is essential: that the defendant came lawfully to possession of the goods; that the plaintiff has a operty in them; that they be of some value; and at they be identified. If the jury find for the plaintthey must assess the value of the several articles, id damages for the detention. The judgment is at the plaintiff recover the goods, or, if they cannot ) had, then their respective values, and the damages carded for the detention.' The plea of non detinet raises the general issue. L some States this action has yielded to the less techcal actions of trover and replevin, gg. v,

I. An old real action for the specific recovery of a personal chattel unlawfully detained. Deus solus hseredera facere potest, non homo, /. God alone can make an heir, not man. Devant,/r. Before. Devant le roy: before the King.

Fr. and Eng. [L. Lat. detentio, or breve vel actio de detentione.'\ In practice. A species of personal action ex delicto, which lies to recover the specific possession of a personal chattel wrongfully detained from another, where the original taking was lawful, (as where the possession was acquired by delivery, finding, <fec.,) or its value, and damages for its detention. 3 Bl. Com. 151. F. AT. B. 138. Co. Litt. 286 b. 1 Tidd^s Pr. 5. Brotvne on Actions, 358. 3 Steph. Com. 461. This was anciently a common remedy for the recovery of charters, deeds, and other title papers; but is now in a great measure superseded in English practice by the action of trover. Co. Litt. 286 b. 3 Bl. Com. 152. In some of the United States it has been abolished, and its place supplied by replevin. 2