Legal Definition and Related Resources of Replevin
Meaning of Replevin
The redelivery of goods . It is a common law remedy available to a plaintiff who is seeking the recovery of the actual goods Wrongfully detained or taken away from him by a defendant . It is a supplementary remedy in addition to the remedy for trespass or trover . In order to succeed, the plaintiff must show an absolute or special property in the goods and not mere possession or possessory right . It is a possessory action , the gist of which is the right of possession in plaintiff and the primary relief sought is return of property in specie , although damages may be awarded in addition to an order of replevin. See Brandt v Hershey, 182 A.2d 219, 198 Pa. Super. 39. In some jurisdictions, replevin is purely statutory remedy abolishing common law remedy; in some it modifies the common law remedy.
Replevin Alternative Definition
At Common Law. A form of action which lay to regain the possession of personal chattels taken from the plaintiff unlavirfuUy. 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 is brought to recover the possession of the specific property claimed to have been unlawfully taken. In the United States. By statutes in nearly all the states, the actions of re-, plevin and detinue have been merged, the action being usually called “replevin,” but sometimes “claim and delivery,” so that such action lies for either the unlawful taking or the unlawful detention of property, i. e., either in the cepit or the detinet,
Synonyms of Replevin
noun
- acquisition
- delivery back
- reclamation
- recoupment
- recovery
- recovery of property
- redelivery
- redemption
- repossession
- retaking
- retrieval
- salvage Associated Concepts: detinue
- replevin bond
Related Entries of Replevin in the Encyclopedia of Law Project
Browse or run a search for Replevin in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Replevin in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Replevin in Historical Law in the Encyclopedia of Law.
Legal Abbreviations and Acronyms
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Notice
This definition of Replevin is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Replevin in the United States
Replevin in Connecticut
a legal action ordinarily employed only to recover possession (more in the United States) or the value of specific personal property (more in the United States) unlawfully withheld from the plaintiff plus damage for its detention . . . . It is primarily a possessory action in which the issues are limited to the plaintiff_s title or right to possession (more in the United States) of the goods . . . .Thus, no counterclaim may be asserted in replevin. Brandt v. Hershey, 198 Pa. Super. 539, 182 A.2d 219, 221 (1962).
Meaning of Replevin in the U.S. Legal System
Definition of Replevin published by the National Association for Court Management: An action for the recovery of a possession that has been wrongfully taken.
Concept of Replevin in the context of Real Property
A short definition of Replevin: A legal action to recover goods wrongfully taken, where damages are not satisfactory.
Concept of Replevin in the context of Real Property
A short definition of Replevin: A legal action to recover goods wrongfully taken, where damages are not satisfactory.
Replevin in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Replevin, produced by Tetley, in the context of admiralty law: An action for the repossession of personal property wrongfully taken or held by the defendant, where the plaintiff gives security for and holds the property until the court decides who owns it. See Hual AS v. Expert Concrete, Inc. 2002 AMC 741 (N.Y. Supr. Ct. 2001).
Replevin in Admiralty Law
For information on replevin in this context, see the entry on replevin in the maritime law encyclopedia.
Replevin
Replevin
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