custodia legis

custodia legis
/kastowdiya liyjas/ In the custody of the law. Doctrine of "custodia legis" provides that when personal property is repossessed under writ of replevin, property is considered to be in custody of the court, though actual possession may be in either of the parties to the replevin action, and that property remains in custody of court until judgment in replevin action finally determines whether replevining party or prior holder is entitled to possession. Brunswick Corp. v. J & P, Inc., C.A.Okl., 424 F.2d 100, 102. This doctrine is nothing more than a practical "first come, first serve" method of resolving jurisdictional disputes between two courts with concurrent jurisdiction, and, under such doctrine, court that first secures custody of property administers it. Coastal Production Credit Ass'n v. Oil Screw "Santee", D.C.Ga., 51 B.R. 1018, 1020

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • custodia legis — Custody of the law. Short Dictionary of (mostly American) Legal Terms and Abbreviations …   Law dictionary

  • custodia legis — /kastowdiya liyjas/ In the custody of the law. Doctrine of custodia legis provides that when personal property is repossessed under writ of replevin, property is considered to be in custody of the court, though actual possession may be in either… …   Black's law dictionary

  • custodia legis — The custody of the law. Gilman v Williams, 7 Wis 329, 334. See custody of the law …   Ballentine's law dictionary

  • in custodia legis — See custodia legis; custody of the law …   Ballentine's law dictionary

  • conversion, custodia legis — Converting property in the custody of the court. One who has a lien against property and replevins the same to obtain possession and then sells the property to satisfy the lien before a judgment has entered in the replevin matter, commits… …   Black's law dictionary

  • fortior est custodia legis quam hominis — /forshiyar est kastowdiya liyjas kwam homanas/ The custody of the law is stronger than that of man …   Black's law dictionary

  • in custodia legis — /in kastowd(i)ya liyjas/ In the custody or keeping of the law, as when a defendant s property is seized through the remedy of attachment and is held by the sheriff pending resolution of the main action between the parties …   Black's law dictionary

  • conversion, custodia legis — Converting property in the custody of the court. One who has a lien against property and replevins the same to obtain possession and then sells the property to satisfy the lien before a judgment has entered in the replevin matter, commits… …   Black's law dictionary

  • fortior est custodia legis quam hominis — /forshiyar est kastowdiya liyjas kwam homanas/ The custody of the law is stronger than that of man …   Black's law dictionary

  • in custodia legis — /in kastowd(i)ya liyjas/ In the custody or keeping of the law, as when a defendant s property is seized through the remedy of attachment and is held by the sheriff pending resolution of the main action between the parties …   Black's law dictionary

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