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LSDefine
Simple English definitions for legal terms
not possessed
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A quick definition of not possessed:
Term: NOT POSSESSED
Definition: Not possessed means that someone is denying that they have something that they are accused of taking. This is often used in a legal case called trover, which is when someone is accused of taking something that belongs to someone else. Trover is a way to get money for the value of the thing that was taken. However, if the person accused of taking the thing says they don't have it, they can use the defense of not possessed. This means they are saying they never had the thing in the first place.
A more thorough explanation:
Definition: Not possessed. In common-law pleading, it refers to a defendant's plea denying possession of the items that are claimed to have been converted.
Example: In a case of trover, if a person is accused of converting someone else's property, they may plead "not possessed" as a defense, claiming that they never had possession of the property in question.
Explanation: This defense is used in cases where the defendant is accused of converting someone else's personal property. By pleading "not possessed," the defendant is denying that they ever had possession of the property and therefore could not have converted it. This defense is commonly used in cases of trover, which is a legal action for the recovery of damages for the conversion of personal property.