Weaver v. Lawrence

the President delivered the opinion of the court as follows :

Shippen, President.

In England, there are two kinds of replevin ; first, by common law, when the writ issues out of the court of chancery : secondly, by the statute of Marlbridge, which enables the sheriff to make re-plevins, without writ, and then, having taken security, he proceeds on the complaint of the plaintiff, either by parol, or precept to Ms bailiff. In the latter case, the writ de proprietate probanda issues at once, upon claim of property ; and being tried by an inquest, if it is found for the plaintiff, the sheriff goes…