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Law.
Brit. /r
pl
v
n/, U.S. /r
plv()n/, /riplv()n/ Forms: lME replevyn, 15 repleuine, 15 repleven, 15 replevyne, 15-16 repleuin, 15-16 repleuyn, 15-16 replevine, 16- replevin. [< Anglo-Norman replevin, replevine replevin, action of releasing goods or chattels distrained in return for a surety (1287), writ of replevin (13th cent., rare in this sense) < replevir REPLEVISH v. + -in, -ine -INE suffix4. Compare post-classical Latin replevina (from late 12th cent. in British sources). Compare earlier PLEVIN n. ]
1. a. The restoration to or recovery by a person of goods or chattels distrained or confiscated, upon giving a surety to have the matter tried in a court of justice and to return the goods if the case is lost. Also as a count noun. Now U.S. (chiefly hist.).
In later U.S. use also more widely: the restoration or recovery of any goods claimed to be unlawfully taken or withheld.
1447 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Feb. 1447 §25. m. 1, If any man..take any such catell of his owne wronge and auctoritee..and slee theim, sell theim, or yeve them, or putte theym away, so that the owners of theim may noght come to have replevyn of theim, [etc.].
a1461 Petition in
Rotuli Parl. (1767-77) V. 399/1 The owners of the said Catell may nev[er] come to have replevyn of thaym.
1529 Act 21 Hen. VIII c. 19 Yf the lorde..dystrayn upon the same maners..for any suche rentes..and replevyne thereof be sued.
1581 W. LAMBARDE Eirenarcha I. xxiii. 248 In diuerse other cases, as in Repleuine of Cattell vpon a distresse.
1628 E. COKE 1st Pt. Inst. Lawes Eng. 161 When the Lord hath distrained, and Repleuin is made of the distress by writ or by Plaint.
1738 Act 11 Geo. II c. 19 §23 To prevent vexatious Replevins of Distresses taken for Rent.
1841 J. M
ANNING & T. C. G
RANGER Cases Court of Common Pleas VII. 1060/2 (
index) Replevin of wool, seized by the King's officer to satisfy taxes.
1869 Amer. Law Reg. 17 149 This was replevin of a mare that was distrained by the defendant on a tax-warrant for a poll-tax against the plaintiff's father.
1917 W. P. R
OGERS Damages xii, in E. A. Gilmore & W. C. Wermuth
Mod. Amer. Law XIV. 114 Replevin of property on which labor has been done.
1970 Columbia Law Rev. 70 1152 In an action by a buyer for replevin of goods sold to him but not delivered, the sheriff might first seize them from the seller and turn them over to the buyer.
2001 Duke Law Jrnl. 50 1004 Knowing that the owner is likely to sue for replevin of the art, the good-faith purchaser may bring suit in the available forum of his choice for a declaration of relative rights.
b. Without of. In later use also: the right to such restoration or recovery of one's goods; (also) the execution of this right. Now U.S.
Also writ of replevin and in figurative contexts.
1453 in G. A. Stocks & J. Tait
Dunkenhalgh Deeds (1921) 36 The said Sir Edmond and is feleshyppe..haue takyn..the cattel of the said beseker..and etyn parte of theyme..and dryffen theyme away..that no replevyn myght be hade.
1461 J. P
ASTON in
Paston Lett. & Papers (2004) I. 96 Aftir the distresse taken the vndirshreve be spoke with-all that he make no replevyn with-out agrement or a-poyntement taken.
1530 tr. C. St. German
Dyaloge Doctoure & Student II. xliiii. f. cxvi
v, If a shyryfe by a repleuyn delyuer other beestes then were dystreynyd [etc.].
1567 J. JEWEL Def. Apol. Churche Eng. sig. Qqq vii
v, Take from mee, what learninge yee liste: distreine it, and pounde it at your pleasure: I wil neuer trouble you with Repleuin.
1623 M. DALTON Officium Vicecomitum f.165
v, The Sherife may breake open a mans castle, or house, to make a Repleuin.
1659 J. RUSHWORTH Hist. Coll. 641 Having sued forth a writ of Replevin, the proper remedy in Law to regain the possession of his Goods.
1684 T. OTWAY Atheist III. 31 Since I am trapt thus, Like a poor Beast that wanted better pasture, There is no Replevin, and I must to Pound.
1713 G. JACOB Compl. Court-keeper 228 All Actions of Trespass,..Trover, Detinue and Replevin..must be commenced and brought within six Years after the Cause of such Action or Suit accrued.
1768 W. BLACKSTONE Comm. Laws Eng. III. 145 The restitution of the goods themselves so wrongfully taken..is effected by action of replevin.
1809 St. Papers in
Ann. Reg. 716/2 Attempts have..been made to wrest from the collectors by writs of replevin..property detained or seized by said collectors.
1863 H. COX Inst. Eng. Govt. II. ix 522 One remedy for unlawful taking is by action of replevin.
1906 Virginia Law Reg. 11 939 That replevin lies for growing strawberry plants, although they are attached to the soil, is declared in Cannon
v. Mathews.
1972 N.Y. Law Jrnl. 22 Aug. 12/5 The court is mindful of the quasi in rem judgment granting replevin to plaintiff by a Florida court of competent jurisdiction.
2007 Alamogordo (
New Mexico
)
Daily News (Nexis) 16 Mar., A writ of replevin seeks the return of property the plaintiff claims is being held wrongfully or illegally.
c. A writ authorizing a person to replevy goods. Obs.
1465 M. P
ASTON in
Paston Lett. & Papers (2004) I. 301 On Monday..com Pynchemore..wyth a replevyn whych was made in Harleston ys name..we wold not a-bey that replevyn, and..Pynchemore com to Haylysdon a-yen wyth..a replevyn from the shyryff..whych requyryd me by the same replevyn to make them delyuery of the seyd bestys.
1592 Termes Lawes (at cited word), If it be in any franchise or bailiwike, the partie shall haue a Repleuin of the Shirife direct to the bailife of the same franchise.
1628 E. COKE 1st Pt. Inst. Lawes Eng. I. 145 b, If the beastes of diuers seuerall men be taken,..euery one must haue a seuerall Repleuyn.
a1683 W. SCROGGS Pract. Courts-leet (1714) 83 Replevin ought to be certain in setting forth the Number and Kinds of the Cattle distrained.
1713 Mod. Cases in Court of Queen's-Bench 139 Trespass for entring into Plaintiff's House, and taking away his Goods: Defendant justifies by Vertue of a Replevin out of the Sheriff's Court in London.
1817 W. SELWYN Abridgem. Law Nisi Prius (ed. 4) II. 1099 Of the Duty of the Sheriff in the Execution of the Replevin.
d. The legal action or procedure by means of which goods are replevied. Now U.S.
1515 Act 7 Hen. VIII c. 4 As the playntyf shuld have doo yf they had recoveryd in the seid Replevyne.
1530 tr. C. St. German
Secunde Dyaloge Doctour & Student xliiii. f. cxv
v, Ygnoraunce shall excuse hym of damagys in a Repleuyn.
1628 E. COKE 1st Pt. Inst. Lawes Eng. I. 145 b, And so in a Repleuyn it is a good plea to say that the property is to the Plaintife and to a stranger.
1671 F. PHILIPPS Regale Necessarium 331 Most of that little which appears of the use or pleading of Protections in our Law-books or Records..were in Pleas or Actions concerning Lands, or Replevins, &c. but few in personal Actions, or Actions of Debt.
1712 J. ARBUTHNOT John Bull I. vii. 13 He talk'd of nothing but Actions upon the case, Returns,..Venire facias, Replevins.
1768 W. BLACKSTONE Comm. Laws Eng. III. 413 Upon a replevin the writ of Execution is that
de retorno habendo.
1805 W. CRUISE Digest Laws Eng. Real Property V. 421 Where a person brought a replevin for taking his cattle, the defendant avowed [etc.].
1875 E. POSTE in tr. Gaius
Institutionum Iuris Civilis (ed. 2)
IV. Comm. 636 In English jurisprudence both parties are said to be equally plaintiffs and equally defendants in the actions called Quare impedit and Replevin.
1906 Amer. Law Reg. 54 125 There are many other discussions of the right to a replevin in England in cases other than distress.
1964 Calif. Law Rev. 52 729 A landlord defending a replevin would..have to be prepared to establish his title.
2008 St. Paul (
Minnesota
)
Pioneer Press (Nexis) 5 Sept., The attorney should have used a different legal action, called a replevin, to recover personal property.
2 The action or an act of bailing a prisoner; (also) the surety or bail given to secure a prisoner's release. Also in extended use. Obs.
1588 A. FRAUNCE Lawiers Logike I. xii. f. 55, Bailement, mainprise or manucaption, and replevine..they bee indifferently used to expresse that suretie which the prisoner is to finde.
1618 M. DALTON Countrey Justice 269 Baylement, Mainprise, or Repleuin, is the sauing, or deliuerie of a man, out of prison,..by finding suerties.
a1641 R. MONTAGU Acts & Monuments (1642) 409 The soules of the wicked..were haled to judgement..without any replevin or manumission for ever.
1651 tr. J. Kitchin
Jurisdictions (1657) 524 The said J. was not to be found in my bailiwick, so that I could make no replevin of the said J. by any means.
1721 W. H
AWKINS Treat. Pleas of Crown II. vi. 26 It is enacted by 27 Ed. I...that Justices of Assise shall..inquire if Sheriffs or any other, have let out by Replevin Prisoners not repleviable.
1784 J. R
EEVES Hist. Eng. Law II. x. 66 All maintainers and abettors of such persons..should be arrested and taken by the sheriff of the place, and justices in their sessions, deputies, bailiffs, and other the king's ministers, by good and sufficient mainprise, replevin, bail, or other surety.., and be presented to the king, or his council.
3. The action or an act of reclaiming something. rare.
1619 E. M. BOLTON tr. Florus Rom. Hist. IV. i. 381 When the goods of attainted citizens were adiudged, and giuen away by Sulla vnto others,..the repleuin [L. repetitio] of them did doubtlesly endanger the greene raw peace of the State. 1919 Biblical World 53 225 Democracy a hundred years ago was a replevin of natural rights.
COMPOUNDS
General attrib. (chiefly in sense 1).
a1616 C. CALTHROPE Relation Lord of Mannor & Coppy-holder (1635) 69 A Replevin case aforesaid. 1736 M. BACON New Abridgm. Law I. 214 In an Action upon a Replevin Bond, common Bail shall be filed. 1819 Times 14 Aug. 3/4 All replevin warrants, precepts, and summonses, issued by the Sheriff of Shropshire, were directed to the bailiff of the hundred of Bradford generally. 1862 Stat. of Vermont xv. c. 36 §28 (margin) Replevin bond to be sued within one year. 1926 Columbia Law Rev. 26 142 In a replevin action, the verdict was for the defendant. 1959 Calif. Law Rev. 47 137 The marshal was moving the machinery in compliance with a replevin judgment. 1986 B. LAWRENCE & N. BRANZ Flagg Corr. 228 A replevin law forced creditors to accept bank money, and few people made any attempt to repay loans, looking upon the money as a gift from the state. 2003 P. BRAND Kings, Barons & Justices ix. 258 In a replevin case of 1288 a lord avowed for arrears of suit of court.
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