REPLEVIN. In. PtaCtiCe. A form of action which lies to regain the possession of persenal chattels which have been taken from the plaintiff unlawfully, The action originally lay for the purpose of roc& vering chattels taken as a distress, hut has acquired a much more extended uss. In England and most of thectates of the United States it extends to all eases of illegal taking, end in some of the gates it may be brought wherever a person wishes to recover spe cific goods to which he alleges title. See, beyond, 4.
By virtue of the writ, the sheriff proceeds at once to take possession of the property therein described and transfer it to the plaintiff, upon his giving pledges which are satisfactory to the sheriff to prey° his tido, or return the chattels taken if he fail so to do. It is said to have laid formerly in the digitalin, which is the only form now found at common law, end also in the detinet, where the ds fendant retained possession, and the sheriff pro ceeded to take possession and deliver the property to the plaintiff after a trial and proof of title. Bul ler, Nisi P. 52; Chitty, Plead. 145; 3 Shorewood, Blackst. Comm. 146; DET1NET; DET1NIIIT.
It differs from detinue in this : that it requires an unlawful taking as the foundation of the action ; and from all other personal actions in that it ie brought to recover the poseession of the specific) property claimed to have been unlawfully taken.
2. The action lies to recover personal prO perty, 19 Penn. St. 71 ; including parish re cords, 11 Pick. Mass. 492 ; 21 id. 148; trees after they have been cut down, 3 Den. N. Y. 79 •, 2 Barb. N. Y. 613 ; 9 Mo. 259 ; 13 Ill. 192 ; records of a corporation, 5 Ind. 165; articles which might be fixtures under some circumstances, 4N. J. 287 ; which can be cifically distinguished from all other chattels of tl3e same kind by indicia or ear-marks, 18 Ill. 286 ; including money tied up in a bag and taken it that state, g Mod. 61 ; trees cut into boards, 30 Me. 370 ; 13 Ill. 192; but does nog lie for itijarierto things annexed to the realty 4 Term, 504 ; 2 M'Cord, 329; 1/ Johns. N. Y. 116; 10 B. Monr. Ky. 72 ; nor
to recover such things, if dissevered and re, moved as pert of the same act, 2 Watts, Penn. 126 • 3 Serg. & R. Penn. 509; 6 Id. 476 ; 10 id. l'14; 6 Me. 427 ; 8 Cow. N, Y. 220; nor for writings concerni ng the realty. 1 Brownl. 168.
A general property with the right to mediate possession gives the plaintiff sufficient title to maintain it, 1 Harr. & Md. 4'9; 3 Wehd. N. Y. 280 ; 1 Hill, N.' Y. 473 ; 2 Blackf. Ind. 172 ; 15 Pick. Mass. 63 ; 9 Gill & J. Md. 220 ; 2 Ark. 315 ; 11 'id. 475 ; 4 • — — Illackf. Ind. 304 ; 8 Den. Ky. 268 ; 27 Miss. 19g ; 2 Switn, Tenn. 358 ; see 9 Pick. Masa. 441 : 24 id. 42 ; 2 Murph. No. C. 357 ; as do a special property and actual possession. 2 Watts, Penn. 110 ; 2 Ark. 315 ; 4 Blackf. Ind. 304 ; 10 Mo. 277 ; 9 Humphr. Tcun. 739 ; 2 Ohio St. 82. See 15 Penn. St. 507.
36 It will not lie for the defendant in another action to recover goods belonging to him and taken on attachment, 5 Coke, 99 ; 20 Johns. N. Y. 470; 12 Am. Jar. 104 ; 2 N. H. 412 ; 2 B. Monr. Ky. 18 ; 4 id. 92 ; 3 Md. 54; nor, generally, for goods properly in the custody of the lavv. 2 Nat M'O. So. C. 456 ; 7 Harr. & J. Md. 55 ; 8 Md. 54 ; 7 Watts, Penn. 113 ; 4 Ark. 525 ; Ired. No. C. 387; 16 How. 622 ; 3 Mich. 103 ; 1 Hempst. C. C. 10 ; 2 Wisc. 92 ; 1 Sneed, Tenn. 390 ; but this rule does not prevent a third person, whose goods have been improperly attached in such suit, from bringing this action. 5 Mass. 280 ; 4 Pick. Mass. 167 ; 9 Cow. N. Y. 259 ; 14 Johns. N. Y. 84 ; 20 id. 465 ; 6 Habit. N. J. 370 ; 2 Blackf. Ind. 172 ; 7 Ohio, 133; 16 id. 431; 19 Me. 255; 9 Gill & J. Md. 220; 24 Vt. 371.
As to the rights of co-tenants to bring this action as against each other, see 1 Harr. & G. Md. 308 ; 12 Conn. 331 ; 15 Pick. MOSS. 71 ; as against strangers, see 4 Mas. C. C. 515 ; 12 IN end. N. Y. 131 ; 15 Me. 245 ; 2 N. J. 552 ; 27 N. H. 220; 6 Ind. 414.