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Bouvier's Law Dictionary, Revised 6th Edition (1856)

REPETITION, construction of wills. A repetition takes place when the same
testator, by the same testamentary instrument, gives to the same legatee
legacies of equal amount and of the same kind; in such case the latter is
considered a repetition of the former, and the legatee is entitled to one
only. For example, a testator gives to a legatee "�30 a year during his
life;" and in another part of the will he gives to the same legatee "an
annuity of �3O for his life payable quarterly," he is entitled to only one
annuity of thirty pounds a year. 4 Ves. 79, 90; 1 Bro. C. C. 30, note.


REPETITION, civil law. The act by which a person demands and seeks to
recover what he has paid by mistake, or delivered on a condition which has
not been performed. Dig. 12, 4, 5. The name of an action which lies to
recover the payment which has been made by mistake, when nothing was due.
2. Repetition is never admitted in relation to natural obligations
which have been voluntarily acquitted, if the debtor had capacity to give
his consent. 6 Toull. n. 386. The same rule obtains in our law. A person who
has voluntarily acquitted a natural or even a moral obligation, cannot
recover back the money by an action for money had and received, or any other
form of action. D. & R. N. P. C. 254; 2 T. R. 763; 7 T. R. 269; 4 Ad. & Ell.
858; 1 P. & D. 253; 2 L. R. 431; Cowp. 290; 3 B. & P. 249, note; 2 East, R.
506; 3 Taunt. R. 311; 5 Taunt. R. 36; Yelv. 41, b, note; 3 Pick. R. 207; 13
John. It. 259.
3. In order to entitle the payer to recover back money paid by mistake
it must have been paid by him to a person to whom he did not owe it, for
otherwise he cannot recover it back, the creditor having in such case the
just right to retain the money. Repetitio nulla est ab eo qui suum recepit.
4. How far money paid under a mistake of law is liable to repetition,
has been discussed by civilians, and opinions on this subject are divided. 2
Poth. Ob. by Evans, 369, 408 to 487; 1 Story, Eq. Pl. Sec. 111, note 2.


REPETITION, Scotch law. The act of reading over a witness deposition, in
order that he may adhere to it, or correct it at his choice. The same as
Recolement, (q.v.) in the French law. 2 Benth. on Ev. B. 3, c. 12, p. 239.

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