Select Cases and Other Authorities on the Law of Property Volume 1 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: BOOK II. NATURE AND ACQUISITION OF RIGHTS IN PERSONAL PROPERTY. CHAPTER I. INTRODUCTOKY. SUITS FOR THE RECOVERY OF PERSONAL PROPERTY. Note. ? Tlie student cannot too soon observe the inseparable connection between substantive rights and the forms of remedies. In most suits which involve rights to personal property, only damages can he recovered. It seems desirable here to see when possession of the property itself may be obtained. G3- J/Ls Ca-- -y-J SECTION I. DETINUE AND REPLEVIN. PETERS v. HEYWARD. Common Bench. 1623. [Reported Cro. Joe. 682.] Error of a judgment in the Common Pleas in detinue of a bond. Upon non detinet pleaded, it was found for the plaintiff, and the dama- assessed to seven pounds and costs sixpence; and if the bond cannot be restored, then they assessed for damages, besides the seven xmnds, twenty pounds more; and it was thereupon adjudged that he should recover the said seven pounds and sixpence for the costs, and (the said bond or twenty pounds: et prxceptum fait vicecomiti distrin- for the said bond or twenty pounds. thereupon the error was assigned, for the judgment ought to be conditional; viz., the said bond, or if he cannot have the said bond, then 1he twenty pounds; and accordingly the ftixtrinyas ought to have been to demand the bond, and if it cannot be delivered, then the twentypounds; but these words, " and if it cannot be delivered," were omitted, ? wherefore it was moved to be error. And although Waller, the prothonotary of the Common Pleas, certified that there were divers precedents there in this manner, and it was said that in the Book of Entries, Co. Ent. 170, judgment is entered in this manner, and alleged that the judgment being that he shall recover the bond or twenty pounds tantamount, and...