In Rem

A lawsuit versus an item of property, not against a person (in personam).

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An activity in rem is a proceeding that takes no notification of the owner that the property however determines civil liberties in the property that room conclusive against all the world. Because that example, an activity to determine whether certain property illegally imported right into the United claims ought to it is in forfeited have the right to be captioned United states v. Thirty-nine thousand One Hundred and also Fifty Cigars. The thing of the lawsuit is to determine the disposition of the property, regardless of that the owner is or who else can have an interest in it. Interested parties might appear and also make out a case one method or another, however the action is in rem, versus the things.

In rem lawsuits have the right to be brought against the residential or commercial property of debtors in stimulate to collect what is owed, and also they are started for the partition of real property, foreclosure of mortgages, and also the enforcement that liens. They might be directed against real or an individual Property. In rem actions are permitted only once the court has manage of the residential property or where its authority extends to cover it. Because that example, the court in Kansas may recognize rights to a farm yard in Kansas, yet not the property of a cannery in Texas. The in rem jurisdiction that a court may be exercised only ~ parties that are well-known to have an attention in the home are educated of the proceedings and also have been provided a opportunity to present their case to the court.

in rem

adj. From the Latin "against or about a thing," introduce to a sue or various other legal action directed towards property, fairly than toward a certain person. Thus, if title to residential or commercial property is the issue, the activity is "in rem." The term is important due to the fact that the location of the residential property determines i beg your pardon court has actually jurisdiction, and enforcement the a judgment must be ~ above the property and also does not follow a person. "In rem" is various from "in personam," i m sorry is directed toward a certain person. (See: in personam)

in rem

‘against a thing’ (as protest to against a person).

IN REM, remedies. This technological term is provided to point out proceedings or action instituted versus the thing, in contradistinction to an individual actions which are claimed to be in personam. Proceedings in rem encompass not just judgments of building as forfeited, or as prize in the admiralty, or the English exchequer, but likewise the decision of other courts ~ above the personal status, or connections of the party, such as marriage, divorce, bastardy, settlement, or the like. 1 Greenl. Ev. Sec. 525, 541. 2. Courts of admiralty force the power of a contract by seizing into their custody the very subject that hypothecation; because that in these case"s the parties room not personally bound, and the proceedings space confined to the thing in specie. Bro. Civ. And Adm. Law, 98; and also see 2 Gall. R. 200; 3 T. R. 269, 270. 3. There space cases, however, whereby the remedy is one of two people in personam or in rem. Seamen, because that example, might proceed versus the delivery or cargo for their wages, and this is the most expeditious mode; or they may proceed versus the grasp or owners. 4 Burr. 1944; 2 Bro. C. & A. Law, 396. Vide, generally, 1 Phil. Ev. 254; 1 Stark. Ev. 228; Dane"s Ab. H.t.; Serg. Const. Law, 202, 203, 212.

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A law Dictionary, adapted to the Constitution and also Laws that the joined States. By john Bouvier. Published 1856.
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