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recaption

 
Dictionary: Re·cap·tion

n. (rē̍*kăp"shŬn)

(Law) The act of retaking, as of one who has escaped after arrest; reprisal; the retaking of one's own goods, chattels, wife, or children, without force or violence, from one who has taken them and who wrongfully detains them. Blackstone.

Writ of recaption (Law), a writ to recover damages for him whose goods, being distrained for rent or service, are distrained again for the same cause. Wharton.


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Law Encyclopedia: Recaption
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This entry contains information applicable to United States law only.

Regaining possession of; taking back.

Recaption is a common law remedy exercised by an individual who has been wrongfully deprived of goods. Through recaption, the owner may lawfully claim and retake goods whenever he or she finds them, as long as this is done in an orderly and legal manner. An individual who removes his borrowed car that was not returned to him from his neighbor's driveway is exercising recaption.

 
 
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Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more