The Law Dictionary

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IN REM Definition & Legal Meaning

Definition & Citations:

A technical term used to designate proceedings or actions instituted against the thine, in contradistinction to personal actions, which are said to be in personam. See IN PERSONAM. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and lias for its object the disposition of property, without reference to the title of individual claimants; hut, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 05 U. S. 734. 24 L. Ed. 505.


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