Mixed actions

Lawsuits having two purposes: to recover real property and to obtain monetary damages.

Mixed actions take their character from real actions and personal actions. Originally the common-law courts in England concentrated on rights involving the possession of land. The relief granted was an order to give over possession of the real property in dispute. These were the real actions. Only later were Forms of Action developed to permit a lawsuit for monetary damages in a personal or mixed action. Then the sheriff might be ordered to collect a fine and later damages, out of the loser's profits, which were the rents and income from land, and out of any Personal Property. Special procedures existed for mixed actions that concerned the sort of relief sought in both real and personal actions.

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MIXED ACTIONS, practice. An action partaking of a real and personal action by which real property is demanded, and damages for a wrong sustained: an ejectment is of this nature. 4 Bouv. Inst. n. 3650.