What is SPOLIATION?

In English ecclesiastical law. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 Bl. Comm. 90, 91. The name of a suit sued out in the spiritual court to recover for the fruits of the church or for the church itself. Fitzh. Nat Brev. 85. In torts. Destruction of a thing by the act of a stranger, as the erasure or alteration of a writing by the act of a stranger, is called “spoliation.” This has not the effect to destroy its character or legal effect 1 Greenl. Ev.

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