 | Jacob D. Wheeler - Common law - 1836 - 624 pages
...323. SP BRISTOL v. BURT, 7 Johns. Rep. 254; MURRAY v. BUBLING, 10 ib. 172. Per Cur. Sutherland, J. It is not necessary to a conversion, that there should be a manual taking of the tiling in. question by takingtoex the defendant. It is not necessary to show that he has applied "cisedo... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...being founded upon a conjunct right of property and possession, any act of a defendant which negatives, or is inconsistent with such right, amounts in law...should be shown that he has applied it to his own use, though such be the allegation in the declaration. Does he exercise a dominion over it in exclusion... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 512 pages
...conjunct right of property, and possession, any act of the defendant," says he, " which negatives, or is inconsistent with such right, amounts in law...be a manual taking of the thing in question, by the 192 257 defendant ; it is not necessary that it should be shown that he NEW-YORK has applied it to... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1869 - 622 pages
...specially concurring. Whitman Gold and Silver Mining Company v. Tritle. of a defendant which negatives or is inconsistent with such right amounts in law to a conversion. The question is, does he exercise a dominion over it in exclusion, or in defiance, of plaintiff's right?... | |
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1871 - 834 pages
...being founded upon a conjoint right of property and possession, any act of a defendant which negatives, or is inconsistent with such right, amounts In law...should be shown that he has applied it to his own use, though such be the allegation in the declaration. Does he exercise a dominion over it iu exclusion... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...a conjunct right of property and possession, any act of the defendant," says he, " which negatives, or is inconsistent with such right, amounts in law...applied it to his own use. Does he exercise a dominion over it in exclusion or in defiance of the plaintiff's right ? If he does, that is, in law, a conversion,... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1877 - 1090 pages
...founded upon a con[*503] joint right of property and possession, any act *of a defendant which negatives or is inconsistent with such right amounts in law to a conversion. The question is, does he exercise a dominion over it in exclusion, or iu defiance of plaintiff's right?... | |
 | Canada law reports - 1879 - 782 pages
...founded upon a conjunct right of property and possession, any act of the Defendant which negatives or is inconsistent with such right, amounts in law...; it is not necessary that it should be shown that ho has applied it to his own use. Does he exercise a dominion over it in exclusion or in defiance of... | |
 | William Law Murfree - Sheriffs - 1884 - 782 pages
...dominion wrongfully exerted over one's property, in denial of his right or inconsistent with it, is a conversion. * * * It is not necessary to a conversion...It is not necessary that it should be shown that he had applied it to his own use."1 It is always the duty of the sheriff under an execution to exercise... | |
 | Electronic journals - 1885 - 890 pages
...Murphy (NC) 303. " It is not necessary to a conversion that mere should be a manual taking of the tiling in question, by the defendant. It is not necessary...should be shown that he has applied it to his own u»e. Does he exercise a dominion over it in exclusion or in defiance of the plaintiff's right 1 If... | |
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The action of trover being founded on a conjoint right of property and possession, any act of the defendant which negatives or is inconsistent with such right, accounts in law to a conversion. It is not necessary to a conversion that there should be a... 
