Legal Definitions - cepit in alio loco

Cepit in alio loco is a historical Latin legal phrase that translates to "he took in another place."

This term was used as a specific defense in a type of lawsuit known as a replevin action. A replevin action was brought by an individual seeking to recover personal property they believed had been wrongfully taken from them. When a defendant asserted cepit in alio loco, they were claiming that the property in question was actually taken by them at a location different from the one the plaintiff specified in their legal complaint. This defense challenged a fundamental factual element of the plaintiff's claim: the precise place where the alleged wrongful taking occurred.

• Example 1: Agricultural Dispute

  Imagine a farmer, Mr. Henderson, files a replevin action against his neighbor, Ms. Davies, claiming she wrongfully took his prize-winning sheep from his pasture. Ms. Davies could assert the defense of cepit in alio loco by arguing that she did not take the sheep from Mr. Henderson's pasture at all. Instead, she might claim she found the sheep wandering on her own property, several miles away from Mr. Henderson's specified pasture, and merely corralled it there. This defense challenges the plaintiff's assertion about the location of the taking.

• Example 2: Merchant Goods

  Consider a scenario where a textile merchant, Ms. Chen, sues a competitor, Mr. Rodriguez, alleging that he unlawfully seized a specific shipment of silk fabric from her warehouse. Mr. Rodriguez might use the defense of cepit in alio loco. He would argue that he never took any silk from Ms. Chen's warehouse. Instead, he could present evidence that he legitimately purchased an identical shipment of silk from a different supplier's distribution center located in another city. This defense directly contradicts Ms. Chen's claim about where the alleged taking occurred.

• Example 3: Family Heirloom

  Suppose a family member, Sarah, files a replevin action against her cousin, David, claiming he wrongfully took a valuable antique grandfather clock from their grandmother's estate, specifically from the living room of the ancestral home. David could employ the defense of cepit in alio loco. He might argue that he did not take the clock from the ancestral home's living room. Instead, he could assert that he acquired the clock through a legitimate purchase at a public auction house, which was held in a completely different town, thereby denying the location of the alleged taking as stated by Sarah.