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NeCede's

Maxim 8.7.18

Pleas [i.e., actions] are personal, real, and mixed.

Source: Co. Litt. 284; Weisman, 87l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Pleas are classified as personal (affecting the person), real (affecting property), and mixed (affecting both) — the classification determines the procedure and form of the action.

Where this applies

  • A wrongful-death lawsuit is a personal plea because it involves injury to a person, while a quiet-title action is a real plea because it involves rights to property.
  • A tenant's eviction defense involves a mixed plea — it concerns both the tenant's personal right to occupy and the landlord's real property claim.
  • A lawyer classifies her client's case as a real plea because it seeks recovery of a specific parcel of land, not money damages against a person.

Legal domains

Cite this maxim

NeCede Max. 8.7.18 — Pleas [i.e., actions] are personal, real, and mixed. — Co. Litt. 284; Weisman, 87l

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