replevin

/raplevan/ An action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such goods or chattels. Jim's Furniture Mart, Inc. v. Harris, 42 Ill.App.3d 488, 1 Ill.Dec. 175, 176, 356 N.E.2d 175, 176.

Also refers to a provisional remedy that is an incident of a replevin action which allows the plaintiff at any time before judgment to take the disputed property from the defendant and hold the property pendentex lite.

Other names for replevin include claim and delivery, detinue, revendication, and sequestration (q.v.).

Under the following conditions a buyer of goods may have the right of replevin: "The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered."

See U.C.C. No. 2-711(2)(b); No. 2-716(3).

See also replevy

- self-help.

@ personal replevin

At common law, a species of action to replevy a man out of prison or out of the custody of any private person. It took the place of the old writ de homine replegiando; but, as a means of examining into the legality of an imprisonment, it is now superseded by the writ of habeas corpus

@ replevin bond

A bond executed to indemnify the officer who executed a writ of replevin and to indemnify the defendant or person from whose custody the property was taken for such damages as he may sustain. Such bond guarantees that the replevisor will have the property in the same condition to abide the decision of the court. Kelso v. Hanson, Tex.Civ.App., 388 S.W.2d 396, 399

@ replevin cepit

Replevin action in case where defendant has both wrongfully taken and wrongfully detained the property

Compare replevin in detinet, below

@ replevin in detinet

Replevin action in case where defendant rightfully obtained possession of property but wrongfully detains it

Compare replevin in cepit, above

@