In Action

A thing is said to be In action when it is not in possession, and for its recovery, the possessor unwilling, an action is necessary. 2 Sharswood, Bl. Comm. 396. See "Chose." IN ADVERSUM (Law Lat.) Against an adverse, unwilling, or resisting party. "A decree not by consent, but m adverswm." 3 Story (U. S.) 318. IN AEDIFICIIS LAPIS MALE POSITUS non est removendus. In buildings, a stone badly placed is not to be removed. 11 Coke, 69. IN AEQUA (or AEQUALl) MANU (Law Lat.; Law Fr. en owele mayn). In equal hand; held equally or indifferently between two parties. Where an instrument was deposited by the parties to it in the hands of a third person, to keep on certain conditions, it was said to be held in aequali manu. Reg. Orig. 28. IN AEQUALI JURE (Lat.) In equal right. equal rights, the condition of the possessor is the better. Mitf. Eq. PL 215; Jeremy, Eq. Jur. 285; 1 Madd. Ch. Prac. 170; Dig. 50. 17. 128; Broom, Leg. Max. (3d London Ed.) 634; Plowd. 296. IN ALIENO SOLO (Lat.) In another's land. 2 Steph. Comm. 20.

A thing is said to be in action when it is not in possession, and for its recovery, the possessor unwilling, an action is necessary. 2 Bla. Com. 396. See Chose IN Action.

Attainable or recoverable by action; not in possession. A term applied to property of which a party has not the possession, but only a right to recover ib by action. Things in action are rights of personal things, which nevertheless ure not in possession. See Cuose IN ACTION.