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Accordingly, it has been expressly decided, where a man found logs afloat and moored them, but they again broke loose and floated away, and were found by another, that the first finder retained the rights which sprung from his having taken possession, and that he could maintain trover against the second finder, who refused to give them up. /1/
He cannot expect to get two hundred pence out of you; and Mrs. Warner, you say, is equally unable to pay. Very odd indeed. Perhaps if we could get time, something might turn up." With this view Flint looked over the papers Caleb had brought, and found the declaration was in trover a manifest error the notes never admittedly having been in Sowerby's actual possession.
It has been supposed, to be sure, that a "special property" was necessary in order to maintain replevin /2/ or trover. /3/ But modern cases establish that possession is sufficient, and an examination of the sources of our law proves that special property did not mean anything more.
Allworthy raised her up, and spoke in the most tender manner, making use of every expression which his invention could suggest to comfort her, when he was interrupted by the arrival of Mr Dowling, who, upon his first entrance, seeing Mrs Waters, started, and appeared in some confusion; from which he soon recovered himself as well as he could, and then said he was in the utmost haste to attend counsel at Mr Western's lodgings; but, however, thought it his duty to call and acquaint him with the opinion of counsel upon the case which he had before told him, which was that the conversion of the moneys in that case could not be questioned in a criminal cause, but that an action of trover might be brought, and if it appeared to the jury to be the moneys of plaintiff, that plaintiff would recover a verdict for the value.
And the violent deeds of civil war and the ravages of invasion swept by like whirlwinds, throwing down the walls, razing the palaces and towers. And afterwards successive generations invaded the ruins, installed themselves in them by right of trover and conquest, turned them into cellars, store-places for forage, and stables for mules.
A mind inclined to casuistry, could it not defend Beachcombing? Does not the law recognise it under the definition of trover? Why bother about the law and the moralities when it is all so pleasing, so engrossing, and so fair? The Beachcomber wants no extensive establishment. His possessions need never be mortgaged.
If Frank became tenant in tail, in right of his wife, but under his father, would he be able to grant leases for more than twenty-one years? and, if so, to whom would the right of trover belong? As to flotsam and jetsam there was a little property, Mr Critic, on the sea-shore that was a matter that had to be left unsettled at the last. Such points as these do take a long time to consider.
But, sir, when that Phantom, that Vampire, that Fate, loomed before my vision that day, if you had said, "Trover, I'll give ye sixpence for this neat little box of yours," I should have said, "Done!" with the trifling proviso that you should take my uncle in the bargain. The matter with him?
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