Publisher's Synopsis
Excerpt from Institutes of American Law, Vol. 4
2. Or the plaintiff's right to the thing injured. 40 1 Of the rights of the general owner, 40. 2 Of the rights of the qualified owner, 41. 3 Of the rights of a mere bailee, 42. 4 Of the rights of a possessor without the consent of the owner, 42. 3. Of the nature of the injury for which trespass Will lie, 42 A. 6. Of injuries to the relative rights, 44. 1. Of the nature of the plaintiff 's rights, 44. 2. Of the nature of the injury, 45. 3. Of the damages, 46. 2. Of the pleadings in trespass, 47. A. 1. Of the declaration, 47. A. 2. Of pleas in abatement, 50. A. 3. Of the general issue, 51. A. 4. Of special pleas in bar, 51. A. 5 Of the replication, 53. 3. Of the evidence, 54. A. 1. Of evidence in support of the action, 54. 1. Of the plaintiff's right, 54. 2. Of the injury committed by the defendant, 55. 3. Of the damages, 56. A. 2. Of the evidence for the defence, 56. 4 Of the verdict and judgment in trespass, 58. C. 3. Of mixed actions, 58. S. 1. Of the action of ejectment, 59. 1. Form of the proceedings in ejectment, 59. 2. Nature of the property to be recovered, 61. 3. Of the right of the plaintiff to the property sued for, 61. 4. Of the nature of the ouster or injury, 63. 5. Of the pleadings in ejectment, 63. A. 1. Of the declaration, 63. A. 2. Of the plea in ejectment, 66. 6. Of the evidence, 66. A. 1. For the plaintiff, 66. 1. To establish title when the parties are privy to each other, 67. 2. Of evidence when there is no privity, 69. 1 Of evidence of title in the heir at law, 69. 2 Of evidence of title in a devisee, 70. 3 Of evidence of title in a personal representative or guardian, 71. 3. Of evidence of possession by defendant, 71. A. 2. Of evidence for the defendant in ejectment, 72. 7. Of verdict and judgment in ejectment, 74. T 8. Of the action for mesne profits, 76. A. 1. What may be recovered as mesne profits, 77. A. 2. Of the pleadings in an action for mesne profits, 78. 1. Of the declaration, 78. 2. Of the pleas, 78. A. 3. Of the evidence in an action for mesne profits, 78. A. 4. Of the verdict and judgment, 80. S. 2. Of the action of waste, 80. 1. Of the parties to an action of waste, 81. A. 1. Who may bring an action of waste, 8] A. 2. Against whom waste may be brought, 82. 2. Of pleadings in waste, 82. 3. Of the judgment in waste, 83. C. 4. Of scirefacias, 84. S. 1. Of the form of the writ, 85. S. 2. Out of what court the' writ must issue, 86.
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