debet et detinet

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 gave the credit, against the other who personally incurred the debt, or against his heirs, if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenant, etc. The declaration, in such cases, states that the defendant "owes to," as well as "detains from," the plaintiff the debt or thing in question; and hence the action is said to be "in the debet et detinet". Where the declaration merely states that the defendant detains the debt (as in actions by and against an executor for a debt due to or from the testator), the action is said to be "in the detinet" alone. 3 Bl.Comm. 155

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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… … Ballentine'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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