Adams v. Burns

On Petition for Rehearing.

Brown, J.

In the opinion heretofore rendered in this case, it is stated that “A stranger may not recover, by an action of replevin or detinue, property that has been wrongfully levied upon.” This general rule has been changed, in certain respects, by statute in some of the States, including our own, as regards the action of replevin, as has been called to our attention in the petition for rehearing. Thus Section 5283 C. G. L. provides that, “If any attachment shall be levied upon property claimed by any person other than the defendant in attachment, such person may,…