Page:Black's Law Dictionary (Second Edition).djvu/371

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3 13. Mon. (Ky.) 314; Gullle v. Fook. 18 Or. 577, 11 Pnc. 277.

The action of ddifilw is defined in the old books as a remedy founded upon the deliiery of g4 (ls by the owner ro iinoiher to keen, who

wards refuses to redeliver them (0 the a - or, and it is s.iid thlt, to autborr/.e the inn uteusnre of the notion. it is necessary _th-it the dul-mlnnt should have come lawfully lLI|’.D the puuvinn of the chattel. either by delivery to him or by finding iL In fact. it was once undvrstootl to be the law that iiutinue does not lie where the property had been tortiously taken. Rut it is. upon principle. very unimportant in iilmt manner the defendant's possession coni- iuenuerl. since the gist of the am on is the umngful detziiner, and not the nrigiiul taking. l[ is only incumbent upon the plniiitilT to prove pri._‘-rrty in himself, and posse siuu in the defuinl-inL At present, the action of dtztlrmc is proper in every case where the owner prefers remiering the specific properly to dnuiziges for is conversion, and no I'(':.'.'1l'(1 is had to the minner in which the defendant acquired the possession. Peirce v. Hill. 9 Port. (Ala.) 151. 33 Am. Dec. 306.

DETINUE OF GOODS IN FRANK MARRIAGE. A writ formerly available to a wife after a divorce, for the recovery of the goods given with her in marriage. Mozley & Whitley.

DETINUIT. In pleading. An action of replevin is said to be ln the Iloiimtit when llie plaintiff acquires possession of the prop- erty claimed by of the writ, The ri.:lit to retain is, of course, suhject ln such use to the judgnient of the court upon his

tltie to the property claimed. Bull. ‘I. P. 521.

DETRACTARI. To be torn in pleces by IIDFSPS. [<‘leta. l. 1. 1-. 37.

DETRACTION. The removal of prop- erty from one state to another upon :1 transfer ol’ the tttle to lt by will or inheritance i"lL‘(l(‘l.‘i(’l.{S0ll v. Louisiana, 23 How. 4-15, 18 L Ed. 577.

DETRIMENT. Any loss or harm suffered in person or property: e. g., the couslder.i- lion for a contract u.i:1\' conslst not only in a pnvineut or other thing of value given, but ulso ln loss or "detriment" sntfei-ed by the‘ party. Civ. Code Mont. 1895. 5 4271; Civ. (‘ode S. D. 1903. § 2287; Rev. St. 0111. 1903. § 272-}.

DETUNICARI. To dlscover or lay open to the world. Matt. West'm. 12-10.

DEIINX, pl. DI-IUNCES. Lat. In the ll--n-in |.uv A dhislnn of the as. containing eleien unciuz or (luo(lecli.nal parts: the |I|n]|U|'fi(7l] of ele\eu-twelfths. 2 Bl. Comm. -l(J‘_', note See As.

Dena aolna haeredem fnecre potent, no): homo. God alone, and not men. can make nn helr. Co Lltt. 7b; Broom. Max. 516.



DEUTEROGAMY. The act, or candl- tion, of one who umrries a wi.fe after the death of a former wife.

DEVADIATUS, or DIVADIATUS _\n offender without sureties or ple4l..ges. (‘m\eil.

DEVASTATION. “'iisl£-ful use of the property of a dc-Leased person, as for e>.tiav- agnnt funeral or other unnecessary expenses. 2 Bl. Comm. 508.

DEVASTAVERUNT. They have nasled. A term applied in old English law to unste by executors and 8dl.l.|.llllS[l:ll()l‘S, and to the process lssued against them therefor. Cow- ell. See DEVAETAVIT.

DEVASTAVIT. Lat He has wasted.

The act of an executor or administrator in wasting the goods 01' the deceased; mismanagement of the estate by which a loss occurs; i1 branch of trust or u.|is:ippropri;1tiLIn of assets held in a flduci-iry clmracter; any violation or neglect of duty by an executor or ndiuniisrrmor. involuug loss to the decetlents estate, which makes him personally responsible to heirs. creditors, or legulees. Clift v. White, 12 N. Y. 53]; Be,-irilsley V. Mni'steller. 120 lnd. 319. 22 N. E 313; Steel v. Hollailay. 20 Or. 70. Ei Rio. (:9. 10 L. R. A. 670; Danes v. Bnylston, 9 Mass. 353. 6 Am. Dec. 7" McGlunghlin v. l\l'L-(Jl.|ughl_in. 27 S. E. 378. Also, if plaintiff. in an actlnn against an executor or ndiniuislrntnr. has ohtained ju(l_.;- uient, the usual execution runs do Donia tes- Iuloi-is; but, if the slierlft returns to such :1 “HI mlllu, harm, test-utnris ncc propria, the plaintiff may, forthwith. upon this return. sue out an execution against ilie property or person of the executor or .\(]l.l.liI1i5tl‘.lILIl'. ln as full a manner as ln an action against lilni, sued ln his own right. Such a return 13 called a "(le7:(lsta/1: Brown.

DEVENERUNT. A writ. now obsolete. direrterl to the king's eschentors when any of the king's tenants in r'apif(- dies, and when his son and helr dles withln age and in the king's custodv comnmnding the eS('lle'lt()l‘S. that by the s of twelve good and lawful men they shall inquire wlial lands or tene- inoiits by the death of the tenant have come to the king. Dyer. 360: Ternies de la Ley.

DEVES1‘. To deprive; to take away: to Withrlraiv. Usually spoken of nn niilhnrity, powvr. property, or title; as the estate is devested.

Dei-est is opposite to invest. As to lnrest sigiiifies ln deliver the pm on of anyfliiug to another. so to devest signifies to take lt away. Jqcoli.

lt is sometimes written "divest" but "de- rest" has the support or the best authority. Buirlll.