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MIXED ACTION Definition & Legal Meaning

Definition & Citations:

An action partaking of the twofold nature of real and personal actions, having for its object the demand and restitution of real property and also personal damages for a wrong sustained. 3 Bl. Comm. 118; Ilall v. Decker, 48 Me. 257. Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for damages in respect of such property; such as the action of waste, where, in addition to the recovery of the place wasted, the demandant claims damages; the writ of entry, in which, by statute, a demand of mesne profits may be joined; and dower, in which a claim for detention may be included. 48 Me. 255. In the civil law. An action in which some specific thing was demanded, and also some personal obligation claimed to be performed ; or, in other words, an action which proceeded both in rem and in personam. Inst. 4, 0, 20.


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