replevin in the detinet – an action for the repossession of property rightfully taken but wrongfully detained

     This page is continued from Civil Law Self-Help >>>> Section 5: Commence a Civil Action >>>> Types of Actions >>>> The 11 Historical Common-Law Forms of Action >>>> Forms of Actions to Recover Wrongfully Imprisoned, Detained, or Withheld Persons or Property >>>> Replevin:

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replevin in the detinet:
(18c)

1. An action for the repossession of property that is rightfully taken but wrongfully detained. — aka replevin in detinet. [1]

detinet – he detains. [2]

     Excerpt from J.E. Cobbe’s A Practical Treatise on the Law of Replevin:

    “In England the action in the progress of its development assumed three forms:

  • cepit, from the Latin capio, ‘to take,’ where the action was simply for the wrongful taking; and
  • detinet, from de and teneo, ‘to hold,’ where the action was for a wrongful holding.  If the goods were not taken on the writ by the officer, the action proceeded as replevin in the detinet, but
  • if the goods were taken, the action was called replevin in the detinuit; the first meaning ‘he detains,’ the second ‘he detained.’  

    The action in the detinet has long fallen into disuse, and is never brought unless the distrainer has eloigned the goods so that they cannot be got at to make replevin.[3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: J.E. Cobbey’s A Practical Treatise on the Law of Replevin 4 (2d ed. 1900).

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