trover

[O. Fr. trover (Fr. trouver )=to find.] [TROUBADOUR.] Law : Properly, the finding of anything; henco(1) The gaining po e ion of any goods, whether by finding or by other means. (2) (See extract.) "The action of trover and conversion was in its origin an action for recovery of damages against such person as had found another's goods, and retused to deliver them on demand, but converted them to his own use; from which finding and converting, it is called an action of trover and conversion. The freedom of this action from wager of law, and the le degree of certainty requisite in describing the goods, gave it formerly so considerable an advantage over the action of detinue, that actions of trover were at length permitted to be brought against any man, who had in his po e ion, by any means whatsoever, the personal goods of another, and sold them or used them without the consent of the owner, or refused to deliver them when demanded. The injury lies in the conversion; for any man may take the goods of another into his po e ion if he finds them; but no finder is allowed to acquire a property therein, unle the owner be forever unknown; and therefore he must not convert them to his own use, which the law presumes him to do, if he refuses to restore them to the owner; for which reason such refusal alone is prima facie sufficient evidence of a conversion. The fact of the finding, or trover , is therefore now totally immaterial; for if the plaintiff proves that the goods are his property, and that the defendant had them in his po e ion, it is sufficient. But a conversion must be fully proved; and then in this action the plaintiff shall recover damages, equal to the value of the thing converted, but not the thing itself, which nothing will recover but an action of detinue or replevin." - Black stone : Comment., bk. iii., ch. 9. trow (1), subst . [Perhaps the same as TROUGH (q.v.).] A boat with an open well between the bow and stern portions, used in spearing fish. trow (2), s. [See def.] The same as DROW (1) and TROLL (2), s.