trover

Trover \Tro"ver\ (tr[=o]"v[~e]r), n. [OF. trover, truver, to
   find, F. trouver; probably originally, to invent or compose
   (melodies), fr. (assumed) LL. tropare. See {Troubadour},
   {Trope}, and cf. {Contrive}, {Reirieve}, {Trouveur}.] (Law)
   (a) The gaining possession of any goods, whether by finding
       or by other means.
   (b) An action to recover damages against one who found goods,
       and would not deliver them to the owner on demand; an
       action which lies in any case to recover the value of
       goods wrongfully converted by another to his own use. In
       this case the finding, though alleged, is an immaterial
       fact; the injury lies in the conversion.
       [1913 Webster]
    

TROVER, remedies. Trover signifies finding. The remedy is called an action 
of trover; it is brought to recover the value of personal chattels, 
wrongfully converted by another to his own use; the form supposed that the 
defendant might have acquired the possession of the property lawfully, 
namely, by finding, but if he did not, by bringing the action the plaintiff 
waives the trespass; no damages can therefore be recovered for the taking, 
all must be for the conversion. 17 Pick. 1; Anthon, 156; 21 Pick. 559; 7 
Monr. 209; 1 Metc. 172. 
     2. It will be proper to consider the subject with reference, 1. To the 
thing converted. 2. The plaintiff's right. 3. The nature of the injury. 4. 
The pleadings. 5. The verdict and judgment. 
     3.-1. The property affected must be some personal chattel; 3, Serg. & 
Rawle, 513; and it has been decided that trover lies for title deeds; 2 
Yeates, R. 537; and for a copy of a record. Hardr. 111. Vide 2 T. R. 788; 2 
Salk. 654; 2 New Rep. 170; 3 Campb. 417; 3 Johns. R. 432; 10 Johns. R. 172; 
12 Johns. R. 484; 6 Mass. R. 394; 17 Serg. & Rawle, 285; 2 Rawle, R. 241. 
Trover will be sustained for animals ferae naturae, reclaimed. Hugh. Ab. 
Action upon the case of Trover and Conversion, pl. 3. But trover will not 
lie for personal property in the custody of the law, nor when the title to 
the property can be settled only by a peculiar jurisdiction; as, for 
example, property taken on the high seas, and claimed as lawful prize, 
because in such case, the courts of admiralty have exclusive jurisdiction. 
Cam. & N. 115, 143; but see 14 John. 273. Nor will it lie where the property 
bailed has been lost by the bailee, or stolen from him, or been destroyed by 
accident or from negligence case is the proper remedy. 2 Iredell, 98. 
     4.-2. The plaintiff must at the time of the conversion have had a 
property in the chattel either general or special; 1 Yeates, R. 19; 3 S. & 
R. 509; 15 John. R. 205, 349; 16 John. R. 159; 1 Humph. R. 199; he must also 
have had actual possession or right to immediate possession. The person who 
has the absolute or general property in a personal chattel may support this 
action, although he has never had possession, for it is a rule that the 
general property of personal chattels creates a constructive possession. 2 
Saund. 47 a, note 1; Bac. Ab. Trover, C; 4 Rawle, R. 185. One who has a 
special property, which consists in the lawful custody of goods with a right 
of detention against the general owner, may maintain trover. Story, Bailm. 
93 n. 
     5.-3. There must have been a conversion, which may have been effected, 
1st. By the wrongful taking of a personal chattel. 2d. By some other illegal 
assumption of ownership, or by illegally using or misusing it; or, 3d. By a 
wrongful detention., Vide Conversion. 
     6.-4. The declaration should state that the plaintiff Was possessed of 
the goods (describing them) as of his own property, and that they came to 
the defendant's possession by finding; and the conversion should be properly 
averred, as that is the gist of the action. It is not indispensable to state 
the price or value of the thing converted. 2 Wash. 192. See 2 Cowen, 592 13 
S. & R. 99; 3 Watts, 333; 1 Blackf. 51; 1 South 211; 2 South. 509. Vide 
form, 2 Chitty's Pl. 370, 371. The usual plea is not guilty, which is the 
general issue. Bull. N. P. 48. 
     7.-5. The verdict should be for the damages sustained, and the measure 
of such damages is the value of the property at the time of the conversion, 
with interest. 17 Pick. 1; 7 Monr. 209; 1 Mete. 172; 8 Port. R. 191; 2 Hill, 
132; 8 Dana, 192. The judgment, when for the plaintiff, is that he recover 
his damages and costs; 1 Chit. Pl. 157; when for the defendant, the judgment 
is that he recover his costs. Vide, generally, 1 Chit. Pl. 147 to 157 Chit. 
Pr. Index, h.t.; Bac. Ab. h.t.; Dane's Ab. h.t. Vin. Ab. h.t.; Com. Dig. 
Action upon the case upon trover; Id. Pleader, 2 I; Doct. Pl. 494; Amer. 
Digests, h.t.; Bouv. Inst. Index, h.t. As to the evidence to be given in 
actions of trover, see Rose. Civ. Ev. 395 to 412.