Is a lawful taking followed by wrongful detention a wrongful taking?
Manitoba, Canada
The following excerpt is from Manitoba Agricultural Credit Corp. v. Heaman, 1990 CanLII 8007 (MB CA):
The same conclusion had been reached in Evans v. Elliott (1836), 6 Ad. & E. 142, 111 E.R. 1120, except that in Evans the court recognized that a lawful taking followed by a wrongful detention was the equivalent of a wrongful taking.
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