This case involves the question of whether the action of replevin is available to recover funds held by a defendant in a bank checking account.
The complaint alleges that appellant, a corporation, had a corporate bank checking account subject to the signature of its officer, R. Bruce Williams; that R. Bruce Williams drew a check on appellant’s bank account and delivered the check to appellee, an attorney, for deposit into attorney’s bank trust account for the account of R. Bruce Williams. The corporation filed a law action in replevin against the attorney alleging that the corporate check drawn on corporate funds was unauthorized and describing the property for which the corporation demanded possession as being “the sum of ... $125,000” and as “monies.” The trial court dismissed the replevin complaint and the corporation appeals. The trial court was correct. Replevin is not a proper remedy. The dismissal is affirmed.
Conversion is the name of an act of dominion wrongfully asserted over, and inconsistent with, another’s possessory rights in personal property. Depending mainly on whether the object of the action is to recover the immediate possession of the personalty and incidental damages for its detention, or to recover money damages for the value of the converted personalty, four principle law remedies or causes of actions are available: (1) replevin, (2) deti-nue, (3) trover and conversion, and (4) debt. The first three are ex delicto actions; the fourth is ex contractu. These four actions are described and compared below.1
*162Because replevin and detinue involve recovery of the personalty itself, in specie, the personal property which is the proper subject matter of those actions has, by necessity, always been restricted to the recovery of tangible personalty capable of specific identification and manual seizure. On the other hand, because the cause of action of trover and conversion is only for the recovery of money damages it has never been necessary to the remedy or cause of action of trover and conversion that the wrongfully taken or detained (converted) personalty be capable of specific identification and seizure. In fact, the law actions for money damages on the theories of tro-ver and conversion and for debt are often used for the very reason that the property converted has been lost, hidden, destroyed, or is otherwise not capable of being discovered and recovered under a writ of replev-in.
Blackstone, in his Commentaries published in 1765, stated:
in this action of detinue it is necessary to ascertain the thing detained, in such manner as that it may be specifically known and recovered. Therefore it cannot be brought for money, corn, or the like, for that cannot be known from other money or corn, unless it be in a bag or a sack, for then it may be distinguishably marked.
3 W. Blackstone, Commentaries *152. Blackstone then noted that in the action of trover and conversion, “the less degree of certainty requisite in describing the goods” gave that action so considerable an advantage over the action of detinue that actions of trover, originally only to recover damages for property found but then wrongfully detained, were at length permitted to be brought for every wrongful detention. Id. at *153. In Florida, the action of replevin was formerly commenced by the filing of an affidavit; Crandall, after noting that there had been considerable litigation on the certainty required in describing the property in the affidavit, stated:
The general rule is that the description should be such as will enable the officer who makes the seizure to identify it. The plaintiff can not use too much care in preparing this portion of his affidavit.
*163C. Crandall, Florida Common Law Practice 522 (1928). As to the declaration in the action of detinue, Crandall stated:
The property must be described with sufficient certainty to enable one to identify it, for the judgment and execution are for the recovery of specific property.
Id. at 555.
The general law treatises have always noted this inherent limitation on the type of property that is subject to recovery in an action of replevin:
The general rule is undisputed that re-plevin lies only for specific property, capable of identification or separation so as to be seized in kind....
34 Cyclopedia of Law and Procedure 1359 (1910).
Ordinarily, specific personal property, unlawfully taken or detained from the owner thereof, is the subject of an action of replevin ... provided the property sought to be replevied is capable of identification and delivery; but where property cannot be identified or separated so as to be seized in kind, replevin usually will not lie ... Replevin will not lie for incorporeal personal property, such as shares in a corporation, as distinguished from certificates of stock ...
77 C.J.S. Replevin § 9 (1952).
The difficulty which arises in an endeav- or to replevy money is to describe it with that degree of accuracy which is required in replevin. Thus, a complaint which contains no allegation showing that the defendant had in his possession any specific money capable of identification, but which shows only that he had collected for the plaintiff a draft deposited by the plaintiff in the usual course of business, is not sufficient.
66 Am.Jur.2d Replevin § 13 (1973).
This is the reason section 78.055(1), Florida Statutes, requires every complaint in replevin to contain “a description of the claimed property that is sufficient to make possible its identification ...” (emphasis added) Accordingly, the action of replevin is inappropriate and unavailable when the personalty converted is, as a practical matter, incapable of being specifically described in a writ of replevin and located, identified, and seized by the sheriff executing the writ.2
Personalty can be incapable of identification and seizure either (1) because it is fungible property commingled with property of like kind, or (2) because it is intangible personal property.3 In both instances specific property is not capable of manu-caption. “Funds” deposited in a bank account with other funds suffer from both such identification infirmities. However, intangible personal property must be clearly distinguished from tangible evidence4 of intangible property, which tangible evidence can usually be identified and, when it can be, such tangible evidence may be the subject of an action of replevin when the issue is who is entitled to the immediate possession of the physical object, but not when the issue is the ownership of the intangible right that is represented by the *164tangible evidence. Accordingly, replevin will not lie to recover a deed where the title to land is involved in the action.5 Analogously, replevin does not lie to recover a check or passbook where the title or ownership of the funds on deposit in the bank account is involved. This is because replev-in is strictly a possessory action where the sole legal issue is the right of immediate possession, not ownership or title.6
Money, that is, currency (coined metal and paper bank notes), is personal property which is a proper subject of the tort of conversion for which the remedy of conversion (trover) is always appropriate. Nevertheless, as Blackstone noted, normally money is fungible property, like grain, cotton, etc., which, if commingled with other similar money, is incapable of specific identification and not the proper subject of replevin.7 When specific bills and coins are identifiable because of serial numbers or special markings, or because they are located uncommingled at a specific exclusive place or contained within a identifiable container, the bills and coins, so identifiable, can be replevied.
However, the word “money,” or its plural “monies,” also has another entirely different meaning. In addition to referring to the generally accepted medium of exchange which exists as tangible (but usually fungible) coined metal and paper currency, the word is commonly used broadly as referring to wealth or value, as reckoned in terms of money, such as an account, credit, or an indebtedness, and, when so, the reference is to an intangible concept often called “funds,” “sum,” or “monies.” Thus, it is common to say, “I have money in the bank” or “he owes me money” or “pay me my money.” Such terms do not refer to specific bills or coins but to the property ownership concept of debt or the accounting concept of accounts receivable. It is necessarily in this latter sense that the complaint in this case refers to “The sum of $125,000 taken by R. Bruce Williams without authority from the account of Williams Management Enterprises, Inc. Barnett Bank of Winter Park, Account No. 1074607785” and then refers to “these monies.” Accordingly, the reference is to the intangible concept of wealth — of money due and owing or debt — and it is primarily8 for this reason that the remedy of replevin is not appropriate in this case.
In the present day cashless “paper” society it is normal for lay persons to think of *165a check as being a medium of exchange, like currency, or, at least, as having intrinsic value; however, in legal contemplation that is not correct. A check is a bill of exchange drawn on a bank and payable on demand. A bill of exchange or draft is but a written order or direction, signed by a maker or drawer (a creditor), directing a drawee (a debtor, usually a bank) to pay over to a third person (the payee, or other holder of the written order) a certain portion or sum of the money owed to the maker by the drawee. A check or other bill of exchange can be negotiable and, as such, it may have certain peculiar legal characteristics not involved at this stage in this case (e.g., the defendant has not pleaded that he was a holder in due course). Appellant corporation’s bank merely received funds (cash or checks or credits) from the corporation with an agreement to repay them (in cash or checks or credits) to the corporation or to third persons as directed (ordered) by the corporation by its checks. The relationship between the corporation and its bank is that of debtor and creditor. The corporation could not replevy its own funds or monies on deposit from its own bank because its corporate deposits have changed their form from tangible currency and checks into intangible accounting credits and cannot be specifically identified as tangible property. When the corporation’s officer issued a check on the corporate funds and delivered that check to the defendant attorney and the attorney deposited that check in his trust bank checking account, the attorney’s bank, through banking channels, duly presented the corporate check or order to the corporation’s bank which then transferred (credited) “funds” to the attorney’s bank, where they now exist as an accounting credit or “money” owed by the attorney’s bank to the attorney. The corporation’s bank then debited the corporation’s account in the amount of the check and has, doubtless, returned the original executed check to the corporation who should now have it. As a result of this transaction neither the attorney nor the attorney’s bank has tangible property capable of specific identification and physical seizure by a sheriff executing a writ of replevin or writ of possession. The attorney has only a credit balance in his favor on the books and records of his bank. The legal result of all of this is that the attorney’s bank “owes” (is indebted to) the attorney for the sum of “money” the attorney has on deposit in the attorney’s bank and the attorney “owes” (is indebted to) all persons (clients) whose “money” the attorney has received and holds in trust in his bank trust account. Replevin is not a proper remedy to recover “funds” held in an account.9
A check is a chose in action; it is only tangible evidence of a cause of action. If, instead of depositing the check in his bank trust account, the attorney (or anyone else) was physically holding the check, and was not entitled to it as a holder in due course or otherwise, and the plaintiff corporation was entitled to the immediate possession of it, doubtless the corporation could replevy the check because it is tangible and is subject to specific identification by number, date, amount, payee, etc. Likewise, if the corporate officer had delivered currency (bills or coins) to the attorney which currency was placed in an identifiable container and placed in a safe in the attorney’s office, the corporation, or other person entitled to the immediate possession of that currency, could maintain an action for replevin against the attorney or other person in possession of the identifiable currency. However, in this case, after the defendant deposited the corporate check in his bank, the action of replevin against the defendant was inappropriate to the true owner (possessor) of the “funds” transferred by the check for several reasons: (1) because the defendant then no longer possessed the *166check, (2) the “funds” were in possession of the defendant’s bank, and (3) neither what the defendant then possessed (a bank credit), nor what the defendant’s bank possessed, was tangible and identifiable personal property subject to physical seizure by an officer executing a writ describing it.
In Belford Trucking Co. v. Zagar, 243 So.2d 646 (Fla. 4th DCA 1970), Zagar, a truck owner-driver, had an agreement with the defendant Belford Trucking Company under which Zagar was to haul freight and receive a percentage of freight charges as compensation. Over a period of months Zagar hauled freight and the trucking company received all of the money representing freight charges, and, on its books, entered a credit to Zagar's account and debited that account with certain expenditures and draws made by Zagar. When a dispute arose, Zagar sued the trucking company for the balance of the agreed percentage of freight charges that he figured was due him after deduction for the expenses and draws paid by the trucking company. However, Zagar sued in conversion alleging that the trucking company had wrongfully deprived or converted to its own use “legal currency” rightfully belonging to Zagar. The trucking company counterclaimed for a balance it claimed to have paid Zagar over and above the agreed percentage due him. The jury found for Za-gar and the trucking company appealed. The appellate court stated that the primary thrust of the appeal was whether the evidence supported an action for conversion and reversed the judgment in favor of Za-gar. However, Belford seems to hold that conversion, an ex delicto tort action, is inappropriate where the plaintiff merely claims that, after credits (receipts) and debits (disbursements) are made, a balance payable in money is due him under an express agreement. The action should have been one ex contractu for sums due under an express contract or for debt due. The court in Belford did not consider the conceptual difference between ex delicto actions and ex contractu actions and in fact held that it knew of no theory under which Zagar could recover on the facts alleged. Further, the court failed to appreciate the ambiguity in the word money (as being either currency, which is tangible but usually fungible, or as being an intangible concept of wealth existing as credit between a debtor and a creditor) and its statement that “the money” Zagar sought to recover lacked “the specificity required to make it a proper subject of conversion” was unnecessary to its conclusion and is erroneous to the extent that it implies that the action of conversion, being an action only to recover money damages for a wrongful taking or detention, has ever required the specificity in description of the personalty involved that is required by the actions of replevin and detinue. In any event, Belford did not involve the action of replevin and the holding in that case is not relevant to the issue in this case.
In an annotation in point entitled “Re-plevin For Bank Account” 44 A.L.R. 1522 (1926), no case is cited authorizing replevin of a defendant’s bank account. The lead case to that annotation and the one that comes the closest to approving replevin of a bank account is Eaton v. Blood, 201 Iowa 834, 208 N.W. 508, 44 A.L.R. 1516 (1925). In Eaton the probate court held that certain bonds and a savings account were the property of the decedent’s sister and that the decedent’s husband, as administrator of his wife’s estate, was not entitled to that property. The sister then sued the administrator in replevin. Because the defendant admitted in his answer that he was in possession of the savings bonds, passbook, and savings account, the appellate court did not consider the problem closely, stating only that: “Replevin for a bank account is somewhat novel, though such cases have not been altogether unknown to the trial courts.” (emphasis supplied) 208 N.W. at 511. This masterpiece of understatement clearly recognizes that the concept is totally unknown to appellate court opinions. Significantly, Eaton did not involve a bank checking account but rather a “passbook” savings account. In such an account the passbook is physically identifiable evidence of the intangible debt owing by the savings *167bank to the depositor and must be presented to make withdrawals. The court in Eaton considered the passbook as representing or embodying the intangible bank account. There is no passbook or passbook savings account in this case.
The fact that the defendant is an attorney and that the funds sought to be replev-ied are in an attorney’s bank trust account is entirely immaterial to the legal issue of whether the action of replevin is appropriate to funds held by anyone in a bank checking account. A bank checking account is a bank checking account, and the debtor-creditor relationship between the bank and its general checking account depositor is the same in all such cases without regard to the character or capacity of the depositor. The complaint in this case does not seek equitable relief and does not allege that the defendant received or holds the funds in question as attorney for the plaintiff corporation; nor does the complaint allege, directly or indirectly by implication, that the defendant, as an attorney, has any fiduciary relationship as trustee or otherwise to the plaintiff corporation. As to funds held in a trust account, an attorney or anyone else may have a fiduciary relationship to the person for whom the funds are held, or to the true equitable owner, but the trust nature of the funds in the account does not establish a trust relationship between the holder of the funds and everyone else in the world. In fact, the trust obligation of an attorney with respect to trust funds received from, and held for, a client requires the attorney to defend his possession of such funds from all persons claiming adverse to his client.
The recognition and enforcement of trust obligations is the exclusive province of equity. If the plaintiff in an equity case were seeking to establish that the defendant owed some fiduciary obligation as an attorney or as equitable accounting, and, incidentally, was endeavoring to trace trust funds through changing forms, then the defendant’s status as an attorney and the fact that the funds were in a trust account could be very material but, in this replevin action at law, those factors are entirely immaterial as is the entire Florida Bar Code of Professional Responsibility and all of the Florida Bar integration rules relating to trust funds. If a bank should refuse to pay an attorney, or anyone else, funds deposited in a “trust account,” to recover such funds, except in the rarest of cases, the trustee like any other depositor-creditor would be required to sue the bank as debt- or and recover a money judgment representing the “trust” funds. There is no separate cause of action in law just for trustees or beneficial owners. There is in equity. While attorneys and other fiduciaries usually segregate trust funds in bank accounts separate and different from bank accounts in which they hold personal funds, the funds of each such client are not separated into their own identifiable account; the funds of multiple clients are commingled. An attorney’s bank does not know the amount in the attorney’s trust account that belongs, in equity, to each of the attorney’s clients. Even if the Williams funds were in a bank trust account all by themselves, such funds are still intangible credits not subject to recognition and physical seizure. The “monies” and “funds” cannot be brought within the tactile grasp of an officer executing a writ of replevin. Likewise, when the trustee has converted trust funds, the fact that a client or other trust beneficiary can recover a general money judgment against an attorney, or any other fiduciary, on the theory of conversion is totally immaterial to the question of whether personalty is sufficiently capable of being identified and physically seized by an officer executing a writ of replevin. In a proper case, in a law action, a plaintiff can, in an ejectment action, obtain a writ of possession to effectively recover the possession of real property and, in a replevin action, obtain a writ of replevin to recover the possession of tangible identifiable personal property; otherwise, only a money judgment is recoverable in a law action. To enforce money judgments, ancillary legal remedies, such as garnishment and attachment, are available to reach debts owed to, and funds held for, the judgment *168debtor, but only in an equity suit can a court adjudicate trust relationships, recognize the equitable ownership of funds or other property held in trust, trace property through changing forms, and enforce the ownership rights of equitable or beneficial owners.
The complaint in this case affirmatively shows that the plaintiffs specifically identifiable check was not in the possession of the defendant when this replevin action was filed. The complaint also affirmatively shows that the “fund” and “monies” sought to be recovered by writ of replevin in this case exist not in the form of tangible paper bills and coin currency but only in legal and accounting contemplation as an intangible credit or debt in favor of the defendant attorney on the books of the defendant attorney’s bank and as an accounting credit in favor of R. Bruce Williams on the trust account records in the office of the defendant attorney. Such accounting credits are mere records of legal debts owed by the defendant attorney’s bank to the defendant attorney and owed by the defendant attorney to R. Bruce Williams. The proper legal action and remedy on the facts alleged in the complaint in this case is the action of debt or the concurrent action of general assumpsit in the form of the “common count” known as “money had and received.” The thought behind that cause of action is that, in the absence of evidence of some express specific agreement, the law will assume that one who receives and holds money that belongs to another has impliedly assumed the obligation of returning it and is, accordingly, in law indebted to the owner for it. This legal theory is based on an undertaking or agreement to do a right thing which agreement is implied by the law from the facts. Such an action in debt and general assump-sit are ex contractu to enforce an implied agreement or right as distinguished from an ex delicto action to correct wrongful conduct.
If it is alleged and proved that the corporate officer’s delivery of the corporate check to the defendant constituted a breach of the corporate officer’s fiduciary obligations to the corporation and that in receiving or holding that check or its proceeds the defendant knew, or from the facts and circumstances should have known, that he was participating in a breach of trust, then the defendant would be liable to the corporation in a law action for all damages resulting from such breach of trust.10 Those facts are not alleged in this case and, if so, would only establish an alternate cause of action for money damages but not for replevin.
The action of replevin is not available to recover a sum of “money” claimed by the plaintiff and “possessed” by the plaintiff only in the form of “funds” on deposit in the defendant’s bank checking account.
AFFIRMED.
COBB, C.J., concurs.
ORFINGER, J., dissents with opinion.