A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Harris County, Texas is a prominent county located in the southeastern part of the state. As part of the legal system, the Harris Texas Instruction to Jury provides guidelines and explanations for jurors regarding important legal concepts. One such instruction pertains to the principle that the demand for and subsequent refusal of possession can serve as prima facie evidence of conversion. Conversion is a legal term referring to the wrongful act of intentionally interfering with someone else's property rights, usually by depriving them of their possession or using the property in an unauthorized manner. To prove a claim for conversion, the plaintiff must demonstrate that they owned or had a right to possess the property, that the defendant intentionally and wrongfully exercised control over the property, and that the plaintiff suffered damages as a result. In cases where possession of property is contested, the Harris Texas Instruction to Jury includes directions to consider the concept of prima facie evidence of conversion. This means that if the plaintiff can show that they demanded possession of their property from the defendant, and the defendant refused to return it, this refusal can be seen as sufficient evidence of conversion. The refusal implies that the defendant intentionally and wrongfully withheld or retained control over the property, leading to possible damages suffered by the plaintiff. It is important to note that the Harris Texas Instruction to Jury regarding demand for and refusal of possession as prima facie evidence of conversion is a general instruction, without specific types or variations. However, within this general instruction, juries will be guided on how to evaluate the evidence presented and weigh it against other factors in the case. Overall, the Harris Texas Instruction to Jury serves as a crucial tool in the legal system, providing clear directions on key legal concepts such as prima facie evidence of conversion. By understanding this instruction, jurors can make more informed decisions when determining liability and damages in cases where the demand for and refusal of possession is raised as evidence of conversion.
