Baker v. Bank of Milton

An action of detinue determines nothing more than the right to possession. Originally, it had nothing to do with intangible personal property.

Physical personalty obviously has value, but the question of value is not so simple to answer when a written instrument is being considered. The action of detinue lies to recover “deeds and writings”. Stephen on Pleading, p. 47. See also, Vol. Ill Coke on Littleton 340. This is in recognition of their intrinsic value — not of a value they evidence. Without attempting to go into the detail of the rules historically, it may be said with certainty that…