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For example, the action of quare impedit is local, inasmuch as the benefice,
in the right of presentation to which the plaintiff complains of being
obstructed, is so. 7 Co. 3 a; 1 Chit. Pl. 271; Com. Dig. Actions, N 4.
Within this class of cases are also many actions in which only pecuniary
damages are recoverable. Such are the common law action of waste, and
trespass quare clausum fregit; as likewise trespass on the case for injuries
affecting things real, as for nuisances to houses or lands; disturbance of
rights of way or of common; obstruction or diversion of ancient water
courses, &c. 1 Chit. Pl. 271; Gould on Pl. ch. 3, Sec. 105, 106, 107. The
action of replevin, also, though it lies for damages only, and does not
arise out of the violation of any local right, is nevertheless local. 1
Saund. 347, n. 1. The reason of its locality appears to be the necessity of
giving a local description of the taking complained of. Gould on Pl. ch. 3,
Sec. 111. A scire facias upon a record, (which is an action, 2 Term Rep.
46,) although to some intents, a continuation of the original suit, 1 Term
Rep. 388, is also local.
10.-2. Personal actions which seek nothing more than the recovery of money or personal chattels of any kind, are in most cases transitory, whether they sound in tort or in contract; Com. Dig. Actions, N 12; 1 Chit. Pl. 273; because actions of this class are, in most instances, founded on the violation of rights which, in contemplation of law, have no locality. 1 Saund. 241, b, note 6. And it will be found true, as a general position, that actions ex delicto, in which a mere personalty is recoverable, are, by the common law, transitory; except when founded upon, or arising out of some local subject. Gould on Pl. ch. 3, Sec. 112. The venue in a transitory action may be laid in any county which the plaintiff may prefer. Bac. Abr. Actions Local, &c. A. (a.)
11. In the civil law actions are divided into real, personal, and mixed. A real action, according to the civil law, is that which he who is the owner of a thing, or, has a right in it, has against him who is in possession of it, to compel him to give up the plaintiff, or to permit him to enjoy the right he has in it. It is a right which a person has in a thing, follows the thing, and may be instituted against him who possesses it; and this whether the thing be movable or immovable and, in the sense of the common law, whether the thing be real or personal. See Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. 5; Pothier, Introd. Generales aux Coutumes 110; Ersk. Pr. Scot. Law, B. 4, t. 1, Sec. 2.
12. A personal action is that which a creditor has against his debtor, to compel him to fulfill his engagement. Pothier, lb. Personal actions are divided into civil actions and criminal actions. The former are those which are instituted to compel the payment or to do some other thing purely civil the latter are those by which the plaintiff asks the reparation of a tort or injury which he or those who belong to him have sustained. Sometimes these two kinds of actions are united when they assume the name of mixed personal actions. Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. 4; 1 Brown's Civ. Law, 440.
13. Mixed actions participate both of personal and real actions. Such are the actions of partition, and to compel the parties to put down landmarks or boundaries. Domat, ubi supra.