Interference with the mere possession of a chattel, even if the possession is without title or is wrongful, shall give a right of action to the possessor, except as against the true owner or the person wrongfully deprived of possession.
(Orig. Code 1863, § 2966; Code 1868, § 2973; Code 1873, § 3027; Code 1882, § 3027; Civil Code 1895, § 3886; Civil Code 1910, § 4482; Code 1933, § 105-1702.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Property, § 58.
C.J.S.- 87 C.J.S., Trespass, § 14 et seq.
ALR.- Recovery by conditional seller or buyer, or person standing in his shoes, against third person for damage or destruction of property, 67 A.L.R.2d 582.
Recovery by chattel mortgage or mortgagor, or person standing in his shoes, against third person for damage or destruction of property, 67 A.L.R.2d 1599.
Measure and elements of damages, in action other than one against a carrier, for conversion, injury, loss, or destruction of livestock, 79 A.L.R.2d 677.
What conduct by repossessing chattel mortgagee or conditional vendor entails tort liability, 99 A.L.R.2d 358.