The idea of trover was which the defendant, by "changing" the chattel to his own use, had appropriated the plaintiff's assets, for which he was needed to make compensation. The plaintiff was not needed to settle for the chattel when it absolutely was tendered again to him.
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In such a case, the judges permitted action being brought in trover wherever there had been a wrongful using of the chattel. "To the losing is but a surmise rather than materials, for that defendant could choose it from the presence with the plaintiff.
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Charters, like stray cattle, experienced their particular law with peculiar characteristics, and these actions dealt mainly with executors who withheld the heir's title deeds which came into their arms (devenerunt advert manus) Along with the ancestor's chattels.
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