Hot Issues: Laws of Property, SEDM (OFFSITE LINK)

Hot Issues: Laws of Property, Section 3: Rights as Property, SEDM (OFFSITE LINK)

Authorities on Rights as Property, SEDM (OFFSITE LINK)

A Treatise on Proceedings In Rem (OFFSITE LINK) -Rufus Waples, 1882

Black's Law Dictionary, Sixth Edition, p. 793:

in rem.  A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam.

"In rem" proceedings encompass any action brought against person in which essential purpose of suit is to determine title to or to affect interests in specific property located within territory over which court has jurisdiction.  ReMine ex rel. Liley v. District Court for City and County of Denver, Colo., 709 P.2d 1379, 1382.  It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein.  Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien.  Pannoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565.  In the strict sense of the term, a proceeding "in rem" is one which is taken directly against property or one which is brought to enforce a right in the thing itself.

Actions in which the court is required to have control of the thing or object and in which an adjudication is made as to the object which binds the whole world and not simply the interests of the parties to the proceeding.  Flesch v. Circle City Excavating & Rental Corp., 137 Ind.App. 695, 210 N.E.2d 865.

See also In personam, In rem jurisdiction; Quasi in rem jurisdiction.

Judgment in rem.  See that title.

Quasi in rem.  A term applied to proceedings which are not strictly and purely in rem, but are brought against the defendant personally, though the real object is to deal with particular property or subject property to the discharge of claims asserted; for example foreign attachment, or proceedings to foreclose a mortgage, remove cloud from title, or effect a partition.  Freeman v. Alderson, 119 U.S. 185, 7 S.Ct. 165, 30 L.Ed. 372.  An action in which the basis of jurisdiction is the defendant's interest in property, real or personal, which is within the court's power, as distinguished from in rem jurisdiction in which the court exercises power over the property itself, not simply the defendant's interest therein.

[Black's Law Dictionary, Sixth Edition, p. 793]