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Institutes of American Law, Vol. 4 (Classic Reprint)
Replevin is the name of an action brought for the recovery, in specie, of a personal chattel, which has been unlawfully taken and detained from the owners possession, together with damages for the detention, (a) The invention of this action is ascribed to Glanvil, chief justice under Henry 11.(6) In its origin it was confined to the single instance of...
Replevin is the name of an action brought for the recovery, in specie, of a personal chattel, which has been unlawfully taken and detained from the owners possession, together with damages for the detention, (a) The invention of this action is ascribed to Glanvil, chief justice under Henry 11.(6) In its origin it was confined to the single instance of taking a distress, and this circumstance probably gave to this action its character of locality, though its remedial operation has since been extended, and it has now become the appropriate form of suit for every dispossession of (a) Ham. N. P. 372 ;R eplevin, or replevy, in Latin replegiare, signifies to take back the pledge. This was so called, because, at common law, a person distrained upon applied to the sheriff or his offlcers, and by their means had the distress returned into his own possession, upon giving security to try the right of taking it in a suit at law, and if that should be determined against him, to return the chattel and goods into the hands of the distrainor. 3B l. Com. 13; Co. Litt. 145, b. (J) Mirrour, c. 2, s. 6; Glanv. lib. 4, c. 5, Beames translation, p. 87. Vol.(Typographical errors above are due to OCR software and don't occur in the book.)About the Publisher Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and Mythology.Forgotten Books' Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the aged text. Read books online for free at www.forgottenbooks.org
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