35. Claims for conversion and for money had and received.

35.     Claims for conversion and for money had and received.

The owner of minerals1 which have been wrongfully abstracted may also bring a claim of conversion against the wrongdoer2 or, if the wrongdoer has sold the minerals, a claim for money had and received3, but not for use and occupation4. The claim for money had and received will also lie against the personal representatives of the wrongdoer in respect of the proceeds of minerals raised before his death5. No direct evidence of the actual sum received is necessary6.