CONVERSION". Changing into another
state or condition.
1. Of partnership debts:, the changing of
their original character and obligation with
the consent of the creditors ; so that, if they
are originally joint debts of all the partners,
they become, by consent, the separate debts
of one partner ; or if they are the separate
debts of one partner, they become, by like
consent, the joint debts of all the partners.*
3. In equity, money which, according to a
will or agreement, is to be invested in land is
regarded as realty ; and land which is to be
converted into money is regarded as money,
and treated accordingly. *
Whence the doctrine of eq,mtable conversion;
whence, also, reconversion: the
-change of property, once converted, into
other property of the former species.
The application to deeds and wills of the principle
which treats that as done which ought to be done.®
A conversion will be regarded as such only for the
purposes of the will, unless a different intention is distinctly
indicated.'
An implied direction to sell land, for the payment
of legacies, works an equitable conversion. The immediate
effect of such direction is to break the descent,
by vesting the estate in the trustee clo Lhed with
power to sell, and to confer on the legatees, not an interest
in the land, but simply a right to the proceeds
of the sale, in designated proportions,— which is a
mere chose in action.^
When the purpose for which the conversion was to
take place totally fails, the property is regarded as
being what it is in fact, no conversion then taking
place.
" Toaestablish a conversion, the will must direct it
absolutely or out and out, irrespective of all contingencies.
The direction to convert must be positiveand explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation ofand explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reccmversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation of and explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation of and explicit, and the will, if it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
bound by liens."
There is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
action the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation oforders, or non-delivery and even a wrongful sale, by a
bailee; improper seizure or sale by an officer; not an
accidental loss, nor mere non-feasance.' An original
unlawful taking is conclusive; but where the original
taking is lawful, and the detention only is illegal, a demand
and refusal to deliver is necessary and must be
shown.
8
The action of trover and conversion, though originally
for damages against one who badfound and appropriated
the goods of another, now reaches all cases
where one has obtained such goods by any means, and
has sold or used them, without assent, or has refused
to deliver them on demand. 3
The measure of damages is the value of the property
at the time of the conversion, with legal interest.'*,
As to what is conversion of public moneys by public
ofacers, see Eevised Statutes, §§ 6488, 5496.
See further Detinue; Replevin; Trover.
COlfVEYANCE.s A carrying from
place to place; also, transmission, transfer,
from one person to another.
1. Transportation,--the act, or the means
employed.
Public conveyance. Avessel or vehicle
employed for the general conveyance of passengers.
Private conveyance. A vessel
or vehicle belonging to and used by a private
individual.^
An omnibus used to carry, free of charge, guests of
a hotel to and from railroad stations is not a " public"
Conveyance.'' See Vehicle.
2. Transfer of title to realty ; and, the instrument
by which this is done.
Properly, the term does not relate to a disposition
of personalty, although sometimes so used,^ as see
under JiYaudulent Conveyance.
The conveyance or transfer of title to vessels is
regulated by the act of July 29, 1850, re-enacted into
Eev. St. as § 4192.
To "convey" real estate is, by an appropriate
Instrument, to transfer the legal title
from the present owner
to another.'
orders, or non-delivery and even a wrongful sale, by a
bailee; improper seizure or sale by an officer; not an
accidental loss, nor mere non-feasance.' An original
unlawful taking is conclusive; but where the original
taking is lawful, and the detention only is illegal, a demand
and refusal to deliver is necessary and must be
shown.
8
The action of trover and conversion, though originally
for damages against one who badfound and appropriated
the goods of another, now reaches all cases
where one has obtained such goods by any means, and
has sold or used them, without assent, or has refused
to deliver them on demand. 3
The measure of damages is the value of the property
at the time of the conversion, with legal interest.'*,
As to what is conversion of public moneys by public
ofacers, see Eevised Statutes, §§ 6488, 5496.
See further Detinue; Replevin; Trover.
COlfVEYANCE.s A carrying from
place to place; also, transmission, transfer,
from one person to another.
1. Transportation,--the act, or the means
employed.
Public conveyance. Avessel or vehicle
employed for the general conveyance of passengers.
Private conveyance. A vessel
or vehicle belonging to and used by a private
individual.^
An omnibus used to carry, free of charge, guests of
a hotel to and from railroad stations is not a " public"
Conveyance.'' See Vehicle.
2. Transfer of title to realty ; and, the instrument
by which this is done.
Properly, the term does not relate to a disposition
of personalty, although sometimes so used,^ as see
under JiYaudulent Conveyance.
The conveyance or transfer of title to vessels is
regulated by the act of July 29, 1850, re-enacted into
Eev. St. as § 4192.
To "convey" real estate is, by an appropriate
Instrument, to transfer the legal title
from the present owner to another.'
state or condition.
1. Of partnership debts:, the changing of
their original character and obligation with
the consent of the creditors ; so that, if they
are originally joint debts of all the partners,
they become, by consent, the separate debts
of one partner ; or if they are the separate
debts of one partner, they become, by like
consent, the joint debts of all the partners.*
3. In equity, money which, according to a
will or agreement, is to be invested in land is
regarded as realty ; and land which is to be
converted into money is regarded as money,
and treated accordingly. *
Whence the doctrine of eq,mtable conversion;
whence, also, reconversion: the
-change of property, once converted, into
other property of the former species.
The application to deeds and wills of the principle
which treats that as done which ought to be done.®
A conversion will be regarded as such only for the
purposes of the will, unless a different intention is distinctly
indicated.'
An implied direction to sell land, for the payment
of legacies, works an equitable conversion. The immediate
effect of such direction is to break the descent,
by vesting the estate in the trustee clo Lhed with
power to sell, and to confer on the legatees, not an interest
in the land, but simply a right to the proceeds
of the sale, in designated proportions,— which is a
mere chose in action.^
When the purpose for which the conversion was to
take place totally fails, the property is regarded as
being what it is in fact, no conversion then taking
place.
" Toaestablish a conversion, the will must direct it
absolutely or out and out, irrespective of all contingencies.
The direction to convert must be positiveand explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation ofand explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reccmversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation of and explicit, and the will, it it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
boimd by liens."
Th^re is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
acton the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation of and explicit, and the will, if it be by will, or the deed,
it it be by contract, must decisively fix upon the land
the quality of money. The direction to sell must be
imperative."'
A naked or merely discretionary power to sell, unless,
perhaps, coupled with an interest, does not effect
a conversion,^
Where land is to be sold, and legatees interested in
the proceeds elect to take it as such, it then becomes
bound by liens."
There is no conversion where a widow elects to take
against a will directing a sale.*
To ' effect a reconversion, an election to take the
land, instead of the proceeds, must be by an unequivocal
action the part of all persons interested."
Intention is the governing rule as to conversions.*
3. Any unauthorized dealing with another's
personalty as one's own.
The exercise of dominion and control over
property inconsistent with and in defiance of
the rights of the true owner or party having
the right of possession..'
This may be actual, and either direct or
constructive.
It is not necessary that there be a manual taking of
the thing, nor that the defendant has applied it to his
own use. The one inquiry is: Does he exercise a dominion
over it in exclusion or in defiance of the plaintiff's
right? K so, that is a conversion, be it for his
own or another's use.^
Trover and conversion. The action for
damages for a conversion, maintainable by
him who has the right to immediate possession.
9
The property may be a deed, a negotiable security,
money? a copy of a record, an untamed animal reclaimed,
trees or crops severed, liquors adulterated, or
goods confused.
Includes using a thing without right, or in excess of
license; misuse —detention, delivery in violation oforders, or non-delivery and even a wrongful sale, by a
bailee; improper seizure or sale by an officer; not an
accidental loss, nor mere non-feasance.' An original
unlawful taking is conclusive; but where the original
taking is lawful, and the detention only is illegal, a demand
and refusal to deliver is necessary and must be
shown.
8
The action of trover and conversion, though originally
for damages against one who badfound and appropriated
the goods of another, now reaches all cases
where one has obtained such goods by any means, and
has sold or used them, without assent, or has refused
to deliver them on demand. 3
The measure of damages is the value of the property
at the time of the conversion, with legal interest.'*,
As to what is conversion of public moneys by public
ofacers, see Eevised Statutes, §§ 6488, 5496.
See further Detinue; Replevin; Trover.
COlfVEYANCE.s A carrying from
place to place; also, transmission, transfer,
from one person to another.
1. Transportation,--the act, or the means
employed.
Public conveyance. Avessel or vehicle
employed for the general conveyance of passengers.
Private conveyance. A vessel
or vehicle belonging to and used by a private
individual.^
An omnibus used to carry, free of charge, guests of
a hotel to and from railroad stations is not a " public"
Conveyance.'' See Vehicle.
2. Transfer of title to realty ; and, the instrument
by which this is done.
Properly, the term does not relate to a disposition
of personalty, although sometimes so used,^ as see
under JiYaudulent Conveyance.
The conveyance or transfer of title to vessels is
regulated by the act of July 29, 1850, re-enacted into
Eev. St. as § 4192.
To "convey" real estate is, by an appropriate
Instrument, to transfer the legal title
from the present owner
to another.'
orders, or non-delivery and even a wrongful sale, by a
bailee; improper seizure or sale by an officer; not an
accidental loss, nor mere non-feasance.' An original
unlawful taking is conclusive; but where the original
taking is lawful, and the detention only is illegal, a demand
and refusal to deliver is necessary and must be
shown.
8
The action of trover and conversion, though originally
for damages against one who badfound and appropriated
the goods of another, now reaches all cases
where one has obtained such goods by any means, and
has sold or used them, without assent, or has refused
to deliver them on demand. 3
The measure of damages is the value of the property
at the time of the conversion, with legal interest.'*,
As to what is conversion of public moneys by public
ofacers, see Eevised Statutes, §§ 6488, 5496.
See further Detinue; Replevin; Trover.
COlfVEYANCE.s A carrying from
place to place; also, transmission, transfer,
from one person to another.
1. Transportation,--the act, or the means
employed.
Public conveyance. Avessel or vehicle
employed for the general conveyance of passengers.
Private conveyance. A vessel
or vehicle belonging to and used by a private
individual.^
An omnibus used to carry, free of charge, guests of
a hotel to and from railroad stations is not a " public"
Conveyance.'' See Vehicle.
2. Transfer of title to realty ; and, the instrument
by which this is done.
Properly, the term does not relate to a disposition
of personalty, although sometimes so used,^ as see
under JiYaudulent Conveyance.
The conveyance or transfer of title to vessels is
regulated by the act of July 29, 1850, re-enacted into
Eev. St. as § 4192.
To "convey" real estate is, by an appropriate
Instrument, to transfer the legal title
from the present owner to another.'