KFLCC Kingdom Law 2nd Ed.

363

DEVEST

DETINUE

DEUTEROGAMY. The act, or condi tion, of one who marries a wife after the death of a former wife. An offender without sureties or pledges. Cowell. DEVASTATION. Wasteful use of the property of a deceased person, as for extrav agant funeral or other unnecessary expense* 2 Bl. Comm. 508. They have wasted. A term applied in old English law to waste by executors and administrators, and to the process issued against them therefor. Cow ell. See DEVASTAVIT. He has wasted. The act of an executor or administrator in wasting the goods of the deceased; misman- v agement of the estate by which a loss oc curs ; a breach of trust or misappropriation of assets held in a fiduciary character; any violation or neglect of duty by an executor or administrator, involving loss to the de cedent's estate, which makes him personally responsible to heirs, creditors, or legatees. Clift v. White, 12 N. Y. 531; Beardsley v. Marsteller, 120 Ind. 319, 22 N. E. 315; Steel v. Holladay, 20 Or. 70, 25 Pac. 69, 10 L. R, A. 670; Dawes v. Boylston, 9 Mass. 353, 6 Am. Dec. 72; McGlaughlin v. McGlaughlin, 43 W. Va. 226, 27 S. E. 378. Also, if plaintiff, in an action against an executor or administrator, has obtained judg ment, the usual execution runs de bonis tes tatorisj but, if the sheriff returns to such a writ nulla bona testatoris nee propria, the plaintiff may, forthwith, upon this return, sue out an execution against the property or person of the executor or administrator, in as full a manner as in an action against him, sued In his own right. Such a return is called a "devastavit." Brown. DEVENERUNT. A writ, now obsolete, directed to the king's escheators when any of the king's tenants in capite dies, and when his son and heir dies within age and in the king's custody, commanding the escheators, that by the oaths of twelve good and lawful men they shall inquire what lands or tene ments by the death of the tenant have come to the king. Dyer, 360; Termes de la Ley. DEVEST. To deprive;, to take away; to withdraw. Usually spoken of an authority, power, property, or title; as the estate is de vested. Devest Is opposite to invest. As to invest signifies to deliver the possession of anything to another, so to devest signifies to take it away. Jacob. It Is sometimes written "divest" but "de vest" has the support of the best authority. Burrill. DEVADIATUS, or DIVADIATUS DEVASTAVERUNT. DEVASTAVIT. Lat

3 B. Mon. (Ky.) 314; Guille v. Fook, 13 Or. 577, 11 Pac. 277. The action of detinue is denned in the old books as a remedy founded upon the delivery of goods by the owner to another to keep, who afterwards refuses to redeliver them to the bail or; and it is said that, to authorize the main tenance of the action, it is necessary that the defendant should have come lawfully into the possession of the chattel, either by delivery to him or by finding it. In fact, it was once un derstood to be the law that detinue does not lie where the property had been tortiously taken. But it is, upon principle, very unimportant in what manner the defendant's possession com menced, since the gist of the action is the wrongful detainer, and not the original taking. It is only incumbent upon the plaintiff to prove property in himself, and possession in the de fendant At present, the action of dettnue is proper in every case where the owner prefers recovering the specific property to damages for its conversion, and no regard is had to the man ner in which the defendant acquired the posses sion. Peirce v. Hill, 9 Port. (Ala.) 151, 33 Am. Dec. 306. replevin is Baid to be in the detinuit when the plaintiff acquires possession of the prop erty claimed by means of the writ. The right to retain is, of course, subject in such case to the judgment of the court upon his title to the property claimed. Bull. N. P. 521. DETRACTARI. To be torn in pieces by horses. Fleta, 1. 1, c. 37. The removal of prop erty from one state to another upon a trans fer of the title to it by will or inheritance. Frederickson v. Louisiana, 23 How. 445, 16 L. Ed. 577. DETRIMENT. Any loss or harm suffer ed in person or property; e. g., the considera tion for a contract may consist not only in a payment or other thing of value given, but also in loss or "detriment" suffered by the' party. Civ. Code Mont. 1895, § 4271; Civ. Code S. D. 1903, § 2287; Rev. St. Okl. 1903, § 2724. DETRACTION. DEUNX, pi. DEUNCES. In the Roman law. A division of the as, contain ing eleven uncice or duodecimal parts; the proportion of eleven-twelfths. 2 Bl. Comm. 462, note. See As. Demi solus hseredem faoere potest, son Jiomo. God alone, and not man, can make an heir. Co. Lift. 76; Broom, Max. 516. Lat. DETTJNICARI. To discover or lay open to the world. Matt. Westm. 1240. DETINUE OF GOODS IN FRANK MARRIAGE. A *rrit formerly available to a wife after a divorce, for the recovery of the goods given with her in marriage. Moz ley & Whitley. DETINTJIT. In pleading. An action of