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trover
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| Babylon English | Download this dictionary |
trover
n.
lawsuit to recover property that has been taken and used by someone else (Law)
| English Wikipedia - The Free Encyclopedia | Download this dictionary |
Trover
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin).
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| Webster's Revised Unabridged Dictionary (1913) | Download this dictionary |
Trover
(n.)
The gaining possession of any goods, whether by finding or by other means.
The gaining possession of any goods, whether by finding or by other means.
(n.)
An action to recover damages against one who found goods, and would not deliver them to the owner on demand; an action which lies in any case to recover the value of goods wrongfully converted by another to his own use. In this case the finding, though alleged, is an immaterial fact; the injury lies in the conversion.
An action to recover damages against one who found goods, and would not deliver them to the owner on demand; an action which lies in any case to recover the value of goods wrongfully converted by another to his own use. In this case the finding, though alleged, is an immaterial fact; the injury lies in the conversion.
Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter. About
| Duhaime.org Legal Dictionary | Download this dictionary |
Trover
An old English and common law legal proceeding against a person who had found someone else’s property and has converted that property to their own purposes. - (read more on Trover)
| The 'Lectric Law Library | Download this dictionary |
Trover
Trover signifies finding. The remedy is called an action of trover; it is brought to recover the value of personal chattels, wrongfully converted by another to his own use; the form supposed that the defendant might have acquired the possession of the property lawfully, namely, by finding, but if he did not, by bringing the action the plaintiff waives the trespass; no damages can therefore be recovered for the taking, all must be for the conversion.
It will be proper to consider the subject with reference, 1. To the thing converted. 2. The plaintiff's right. 3. The nature of the injury. 4. The pleadings. 5. The verdict and judgment.
The property affected must be some personal chattel and it has been decided that trover lies for title deeds and for a copy of a record. Trover will be sustained for animals ferae naturae, reclaimed. Action upon the case of Trover and Conversion. But trover will not lie for personal property in the custody of the law, nor when the title to the property can be settled only by a peculiar jurisdiction; as, for example, property taken on the high seas, and claimed as lawful prize, because in such case, the courts of admiralty have exclusive jurisdiction. Nor will it lie where the property bailed has been lost by the bailee, or stolen from him, or been destroyed by accident or from negligence case is the proper remedy.
-2. The plaintiff must at the time of the conversion have had a property in the chattel either general or special he must also have had actual possession or right to immediate possession. The person who has the absolute or general property in a personal chattel may support this action, although he has never had possession, for it is a rule that the general property of personal chattels creates a constructive possession. One who has a special property, which consists in the lawful custody of goods with a right of detention against the general owner, may maintain trover.
There must have been a conversion, which may have been effected, 1st. By the wrongful taking of a personal chattel. 2d. By some other illegal assumption of ownership, or by illegally using or misusing it; or, 3d. By a wrongful detention.
The declaration should state that the plaintiff Was possessed of the goods (describing them) as of his own property, and that they came to the defendant's possession by finding; and the conversion should be properly averred, as that is the gist of the action. It is not indispensable to state the price or value of the thing converted. The usual plea is not guilty, which is the general issue.
The verdict should be for the damages sustained, and the measure of such damages is the value of the property at the time of the conversion, with interest. The judgment, when for the plaintiff, is that he recover his damages and costs when for the defendant, the judgment is that he recover his costs.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
It will be proper to consider the subject with reference, 1. To the thing converted. 2. The plaintiff's right. 3. The nature of the injury. 4. The pleadings. 5. The verdict and judgment.
The property affected must be some personal chattel and it has been decided that trover lies for title deeds and for a copy of a record. Trover will be sustained for animals ferae naturae, reclaimed. Action upon the case of Trover and Conversion. But trover will not lie for personal property in the custody of the law, nor when the title to the property can be settled only by a peculiar jurisdiction; as, for example, property taken on the high seas, and claimed as lawful prize, because in such case, the courts of admiralty have exclusive jurisdiction. Nor will it lie where the property bailed has been lost by the bailee, or stolen from him, or been destroyed by accident or from negligence case is the proper remedy.
-2. The plaintiff must at the time of the conversion have had a property in the chattel either general or special he must also have had actual possession or right to immediate possession. The person who has the absolute or general property in a personal chattel may support this action, although he has never had possession, for it is a rule that the general property of personal chattels creates a constructive possession. One who has a special property, which consists in the lawful custody of goods with a right of detention against the general owner, may maintain trover.
There must have been a conversion, which may have been effected, 1st. By the wrongful taking of a personal chattel. 2d. By some other illegal assumption of ownership, or by illegally using or misusing it; or, 3d. By a wrongful detention.
The declaration should state that the plaintiff Was possessed of the goods (describing them) as of his own property, and that they came to the defendant's possession by finding; and the conversion should be properly averred, as that is the gist of the action. It is not indispensable to state the price or value of the thing converted. The usual plea is not guilty, which is the general issue.
The verdict should be for the damages sustained, and the measure of such damages is the value of the property at the time of the conversion, with interest. The judgment, when for the plaintiff, is that he recover his damages and costs when for the defendant, the judgment is that he recover his costs.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
Courtesy of the 'Lectric Law Library.
