In rem

When the proceedings are against the person, notice is served personally, or by publication; but where they are in rem, notice is served upon the thing itself.

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam. See In Personam. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct obj'ect is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 95 U. S. 734, 24 L. Ed. 565.

— Quasi in rem. A term applied to proceedings which are not strictly and purely tn rem, but are brought against the defendant personally, though the real object is to deal with particular property or subject property to the discharge of claims asserted ; for example, foreign attachment, or proceedings to foreclose a mortgage, remove a cloud from title, or effect a partition. See Freeman v. Alderson. 119 U. S. 187, 7 Sup. Ct. 165, 30 In Ed. 372; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555.

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in pe7sonam. Sea In Personam. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants, but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, orenforce alien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned. 95 U.S. 734. In rem actio est per quam rem nostram que ab alio possidetur petimus, et semper adversus eum est qui rem possidet. The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property. Dig. 44, 7, 25; Braet. fol. 102.

remedies. This technical term is used to designate proceedings or actions instituted agatnst the thing, in contradistinction to personal actions which are said to be in personam. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation; for in these cases the parties are not personally bound, and the proceedings are confined to the thing in specie. Bro. Civ. and Adm. Law 98; and see 2 Gall. R. 200; 3 T. R. 269, 270. There are cases however where the remedy is either in personam or tn rem. Seamen, for example, may proceed against the ship or cargo for their wages, and this is the most expeditious mode; or they may proceed against the master or owners. 4 Burr. 1944; 2 Bro. C. & A. Law, 396. Vide, generally, 1 Phil. Ev. 254; 1 Stark. Ev. 228; Dane’s Ab. h. t.; Serg. Const. Law, 202, 203, 212.