Replevin

Replevin is defined as a re-delivery to the owner of his cattle or goods distrained upon any cause, upon surety that he will prosecute the action against him that distrained which action is then denominated an action of replevin.  The action is a personal action is then denomination an action of replevin. The action is a personal action ex delicto, and its object is to contest the validity of the unlawful taking by distress.  Replevin is brought if the party from whom the goods were taken wishes to have them back in specie.  But if he prefers to have damages instead, the validity of the distress may be contested by an action of trespass or unlawful distress.  The replevisor, or party who is said to replevy, in not the party who delivers back, but the party who takes back his goods. Pledges were put in by the party replevying to prosecute his action, and to return the goods if the action were decided against him.  In the action of replevin the plaintiff's declaration states in general terms the takings of the goods.  If the defendant insists that the goods were lawfully taken by him in his own right, the pleading is called an avowry; if in the right of another, it is called a cognizance.  The defendant also may claim a return of goods, so that both parties are regarded as actors or claimants seeking redress.  The plaintiff's next pleading is called a plea in bar, and that of the defendant a replication.  If the judgement is for the plaintiff, it awards damages for the unlawful taking; if for the defendant, it is that he have a return of the goods taken.