debet et detinet

debet et detinet: He is indebted and he withholds. A writ of debet was said to be brought in the debet and detinet, or in the detinet only; that is it alleged that the defendant owed the debt and withheld it, or simply that he withheld or detained it. If the original creditor sued the original debtor, or sued the original debtor's heirs upon an obligation binding on them, the writ was brought in debet and detinet, but otherwise only in detinet, for the reason that a simple duty to pay a debt was purely personal and died with the debtor unless his heirs were bound. See 3 Bl Comm 155.

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debet et detinet — /debat et detanat/ (Lat. He owes and detains.) Words anciently used in the original writ (and now, in English, in the plaintiffs declaration), in an action of debt, where it was brought by one of the original contracting parties who personally… … Black's law dictionary
debet et detinet — /debat et detanat/ (Lat. He owes and detains.) Words anciently used in the original writ (and now, in English, in the plaintiffs declaration), in an action of debt, where it was brought by one of the original contracting parties who personally… … Black's law dictionary
in the debet and detinet — See debet et detinet … Ballentine's law dictionary
detinet — He detains. See debet et detinet … Ballentine's law dictionary
debt — A sum of money due by certain and express agreement. A specified sum of money owing to one person from another, including not only obligation of debtor to pay but right of creditor to receive and enforce payment. State v. Ducey, 25 Ohio App.2d 50 … Black's law dictionary
debt — A sum of money due by certain and express agreement. A specified sum of money owing to one person from another, including not only obligation of debtor to pay but right of creditor to receive and enforce payment. State v. Ducey, 25 Ohio App.2d 50 … Black's law dictionary
Detinue — Tort law Part of the … Wikipedia

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