A Practical Treatise on the Law of Replevin: As Administered by the Courts of the United States ...

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Callaghan and Company, 1890 - Replevin - 933 pages
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Contents

What is triable in a replevin of a distress
28
sscnos
45
It does not he for the purpose oi determining the title to real estate
56
CHAPTER VII
67
An oflicer may replevy irom another officer or from a receiptor
83
Difference between action against stranger and general owner
95
A special property interest in is sufflcient
101
Abortive sale 10
108
Right of property in fire company band and other voluntary 01
114
Title based upon promise by infant insufficient
120
Title to a half interest will not do
127
Must offer to return note before suing 257
129
418
134
An agent may bring replevin in his own name
140
bond
146
A pledges has the right to possession
152
Alnborers lien is protectedGenernl owner
158
A finder of property has a lien on it for the reward offered 103
164
Mortgngee must always make demand
174
The sumeIllustrations
176
The contrary has been held
180
Action may be brought in name of mortgages though not the real
187
When mortgagee may replcvy from officer levying on mortgaged
193
CHAPTER XVII
201
A person dealingwith an agent or hailee must look to the authority
207
Where a bailee pledges goods without authority owner may
213
It lies for goods obtained by the lraudulent use of the process or
215
General rule
219
A purchaser of stolen property cannot maintain replevin against
221
The interest of partnersH0w considered
225
Assignment oi the right to replevy propertySnle 423
227
A tenant in common cannot replcvy from an ofllcer who has taken
229
The sa meTenants in common
235
Demand after issuance of writ 478
239
When one joint owner may sever the property by his own act with
241
Right of vendor to replevy property sold
247
Use restricted to certain limits
253
Written demand must be specific
260
What circumstances justify a rescission
267
517
272
Completion of payment stopped by garnishment no_ground for res
273
trespass or trover 544
277
Requisites of affidavit
278
It is a mixed action partlyin and partly in personam
279
Goods obtained by fraud and levied on for debts of the vendee
285
A complaint may be used as an afildavit
310
CHAPTER XXIII
317
Where the sheriff is 81 party directed to the coroner 614
324
Rule in regard to replevin of attached property The writ is under the control of plaintiff
327
Sheriff does not have to prepare bond
336
Defendant must have possession at thetimetlfeshitwnscoinlnenced
433
Power and authority of the officer as a defendant in such cases H
439
The one having the actual possession the proper defendant though
443
Office of demnndBy whom made
452
secondary
453
When the original taking is not wrongful demand must be made
458
That the possession of the defendant is in good faith of no avail
464
Oi the indices of ownership sufficient 486
486
Trustee alter default need not demand
492
When the property of a stranger to the writ is sold 493
499
923
501
An oflieers damage is the face of his writs 957
503
A wrongdoer cannot be allowed to make a profit out of his wrong 932
509
Value should be assessed as oi time of trial
520
The afilds vitIts history and what it is
525
The rule in trover is irequently followed 945
526
Where the taking was with malice
532
P19dgBsil0r and bsileeStrunger 969
539
The nature and scope of the evidence 977
548
Declarations of plainriif not admissible in his favor 936
555
Agency how stated
561
The statutory allegations of the aflidavit are not conclusive oi
567
Amendment sworn to by different agent of 1 flfi
573
The description may be amended
620
The sameProper Judgment in such a case _ _ _ _ _ __ 195
645
Officer cannot take property from the person May sever articles attached to real estate
651
Secreting or driving property away is not contempt
657
Pmperty taken in replevin is in the custody oi the law
706
Different rule in Missouri
713
Money deposited in lieu of bond is not in custodia egis
719
Surety on the bond cannot hold the property against the owner
725
The nature of these pleas
733
The plea of cepit in alio loco
741
The denials of the answer must be full and explicit 7 47
748
Matter of inducement in plea is not truversable
761
Effect of plea of property in defendant
767
Contradictory defenses
776
Defense cannot be changed after suit brought
797
J ustification under a writ is a good defense
804
Where defendant pleads aformer adjudicationhe must show all
811
Title acquired from plaintiff is a good defense
819
A defense based on a special law must show full compliance with
826
Death_ of the property may be shown in mitigation of damages 8231
832
H is seldom that a reply is necessary 337
838
Vendee must make demand of third party
856
CHAPTER XXX
875
Usury should be specially pleaded 780
878
A difficult subject
889
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