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In a quasi in rem subtype 1 action, a plaintiff may sue to enforce a pre-existing interest in the named property. For example, a lender might use a quasi in rem subtype 1 action to foreclose a mortgage. The case of Garfein v. McInnis provides a good illustration of the quasi in rem subtype 1 principle and its implications. In this case, Garfien ...
- In REM
There are two types of quasi in rem actions, which are...
- In Personam
In personam, literally translating to “against the person,”...
- In REM
27 Μαρ 1982 · The Supreme Court of Minnesota reviewed Kempton's appeal against the district court's denial to dismiss the case for lack of jurisdiction. Central to the appeal was the applicability of the RUSH v. SAVCHUK decision, where the U.S. Supreme Court invalidated the New York Seider attachment method for establishing quasi-in-rem jurisdiction.
There are two types of Quasi in Rem cases, and the difference can be important. Type One ("QIR1") cases are where the case is in some sense about the property - for example, a lawsuit between plaintiff and defendant about which of them has a better claim to own the famous landed estate Blackacre.
If jurisdiction is based on the court's power over property within its territory, the action is called "in rem" or "quasi in rem. " The effect of a judgment in such a case is limited to the property that supports jurisdiction, and does not impose a personal liability on the property owner, since he is not before the court.
15 Αυγ 2017 · Examples of actions quasi in rem are action for partition, action for accounting, attachment, foreclosure of mortgage.
For quasi in rem jurisdiction requires precisely that which due process prohibits, namely, a seizure of property' prior to giving the defendant notice and the opportunity for a hearing.5
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected.
