A real action, according to the civil law, is that which he who is the owner of a thing, or, has a right in it, has against him who is in possession of it, to compel him to give up the plaintiff, or to permit him to enjoy the right he has in it. A personal action is that which a creditor has against his debtor, to compel him to fulfil his engagement. Personal actions are divided into civil actions and criminal actions. The former are those which are instituted to compel the payment or to do some other thing purely civil the latter are those by which the plaintiff asks the reparation of a tort or injury which he or those who belong to him have sustained. Sometimes these two kinds of actions are united when they assume the name of mixed personal actions.
Mixed actions participate both of personal and real actions.
Such are the actions of partition, and to compel the parties to put down landmarks or boundaries. This was an action instituted for the purpose of compelling the defendant to exhibit a thing or title, in his power. It was preparatory to another action, which was always a real action in the sense of the Roman law, that is, for the recovery of a thing, whether it was movable or immovable. This is not unlike a bill of discovery. An action competent to a hushand or Wife to compel either party to adhere in case of desertion.