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SPOLIATION

(A) Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. . 2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90. (B) torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. Section 566. 2. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers, by the captured party, is generally regarded as proof of. guilt, but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith.

Law Dictionary – Alternative Legal Definition

In English ecclesiastical law. An Injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 Bl. Comm. 90, 91. The name of a suit sued out in the spiritual court to recover for the fruits of the church or for the church itself. Fitzh. Nat Brev. 85. In torts. Destruction of a thing by the act of a stranger, as the erasure or alteration of a writing by the act of a stranger, is called “spoliation.” This has not the effect to destroy its character or legal effect.

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