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SPOLIATION Definition & Legal Meaning

Definition & Citations:

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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