CONVERSION - Black's Law Dictionary

What is CONVERSION? Definition of CONVERSION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Equity. The  exchange of property  from real  to personal or from personal to real, which takes place under some circumstances in the consideration of the law,  such  as, to give effect to directions in a will or settlement, or to stipulations in a contract, although no  such change  has actually  taken place, 1 Bro.C.C.  497;

1 Lead.Cas.Eq. 619;  1 Lead.  Cas.Eq. 872;  Lawrence  v. Elliott, 3 Redf.Sur. (N.Y.)  235;  Dodge v. Williams, 46 Wis. 70, 1 N.W.  92, 50 N.W.  1108; Mattison v. Stone, 99 S.C. 151, 82 S.E. 1046, 1047; and by which exchange the  property so dealt with  becomes invested with  the properties and attributes of that  into  which it is supposed to have  been  converted; Seymour v. Freer, 8 Wall. 214, 19 L.Ed. 306; Haward v. Peavey, 128 Ill. 430, 21 N.E. 503, 15 Am.St.Rep. 120.

Although it is sometimes necessary for certain purposes of devolution and transfer to regard  the property in its changed condition as though the change  has not absolutely taken place; Davidson v. Bright, 267 Pa. 580, 110 A. 301, 302.

A qualified  conversion is one directed  for some particular purpose; Harker v. Reilly, 4 Del.Ch. 72.

Law

An unauthorized assumption and  exercise of the  right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the  exclusion of the  owner's rights.  Stickney v. Munroe, 44 Me. 197; Baldwin v. Cole, 6 Mod. 212; In re Di Crocco's Estate, 12 N. Y.S.2d 276,  278,  170 Misc.  826;  Powell v. A. K. Brown Motor Co., 20 S.E.2d 636, 637, 200 S.C. 75. Any unauthorized act which deprives an owner of his property permanently or for an indefinite time.  Forbush v. San Diego Fruit & 'Produce Co., 46 Idaho, 231, 266 P. 659, 663.

Also one who aids and abets another in keeping property from its rightful  owner  is guilty of "conversion". Edwards v. Max Thieme  Chevrolet Co., La.App.,  191 So. 569, 571, 572.

Constructive conversion. An implied or virtual conversion, which takes place where a person does  such acts  in reference to the  goods of another as amount  in law to the appropriation of the property to himself. Scruggs v. Scruggs, C.C. Mo., 105 F. 28; Laverty v. Snethen, 68 N.Y. 524, 23 Am.Rep. 184; Wade v. Ray, 67 Okl. 39, 168 P. 447, 449, L.R.A.1918B, 796.

Direct conversion. The act of actually appropriating the  property of another to his  own beneficial use and enjoyment, or to that of a third person, or destroying it, or altering its nature. Ross  v. Lewis, 23 N.M.  524,  169 P. 468,  469;  or wrongfully assuming title in himself; Cass v. Ocean Park Bath Co., 45 Cal.App. 656, 188 P. 616, 617; there must be a positive  wrong or act of malfeasance; American Surety Co.  of New York v. Hill County, Tex.Civ.App., 254 S.W. 241, 245.

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