REPLEVIN, in law, is a writ by him, who has cattle or other goods distrained by another, for any cause. If he wishes to dispute the propiety ofthe distress, he sues this writ, and upon putting in surety to the sheriff, that upon delivery of the thing distrained, he will prosecute the action against the distrainer, the cattle or goods are delivered back, and said to be replevied. In this writ, or action, both the plaintiff and defendant are called ac tors ; the one, that is, the plaintiff, suing for damages, and the defendant, who is also called avowant, to have a return of the goods or cattle.
Replevins by writ issue properly out of Chancery, returnable into the courts of King's Bench and Common Pleas at Westminster.
After the goods are delivered back to the party replevying, he is bound to bring his action of replevin against the distrainer ; which may be prosecuted in the county court, be the distress of what value it may : but either party may re move it to the superior courts of King's Bench or Common Pleas, the plaintiff' at pleasure, and the defendant upon reason able cause.
If the sheriff is shown a stranger's goods, and lie takes them, an action of trespass lies against him, for otherwise he could have no remedy ; for being a stran ger he cannot have the writ de proprietate probanda, and were he not entitled to this remedy, it would be in the power of the sheriff to strip a man's house of all his goods.
If the replevin be determined for the plaintiff; namely, that the distress was wrongfully taken, he has already got his goods back into his own possession, and shall keep them, and recover damages. But if the defendant prevail, by the de fault or non-suit of the plaintiff, then he shall have a writ de returns habendo, or to have a return, whereby the goods or chattels, which were distrained and then replevied, are returned again into his cus tody, to be sold, or otherwise disposed of, as if no replevin had been made. If the distress were for damage feasant, that is, for cattle breaking through fences, and coming upon the land of the party, the distrainer may keep the goods so return ed; until tender shall be made of suffi cient amends.