How does a replevin order work?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

US Legal Forms
1200 Civil Action Forms
Verified Complaint for Replevin or Repossession

Replevin For A Cow For Meat In Wayne

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Wayne

Control #:

US-000265

Format:

Instant download

Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

View Tenants in common vs joint tenancy with right of survivorship in Hillsborough

View this form

View Tenants in common vs joint tenancy with right of survivorship in Orange

View this form

View Tenants in common vs joint tenancy with right of survivorship in New York

View this form

View Tenants in common vs joint tenancy with right of survivorship in Kings

View this form

View Tenants in common vs joint tenancy with right of survivorship in Queens

View this form

Form Rating

4.81

Satisfied(442)

Form popularity

FAQ

The court reversed the lower court's judgment in favor of Sherwood and granted a new trial, ruling that if both parties operated under a mutual mistake of a material fact regarding the cow's condition, the contract was voidable.

The Michigan Supreme Court in 1887 declared in Sherwood v. Walker that, because a mutual mistake affecting the substance of the transaction had been made, Hiram Walker had a right to rescind the contract and keep the cow.

An action for replevin is brought by filing a Complaint in the appropriate County. After the filing of the Complaint in replevin, in order to take immediate possession of the property, the party seeking the property can seek a writ of seizure from the Court.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.

The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

More info

MORSE, J. Replevin for a cow. Sherwood, having already paid for the cow, sued for its possession under the writ of replevin.When defendant refused to deliver the cow, plaintiff brought a replevin action, arguing that title had passed. The case of Sherwood v. Walker was an argument over a cow and set a precedent that has been cited in over fifty cases across the United States. He found that the circuit court erred in ruling that it was immaterial whether the cow was pregnant. Replevin for a cow, Suit commenced in justice? Chicago (Iowa 1882): Defendant's train ran over plaintiff's cow. Wayne B. Wheeler controlled six Congresses, dictated to two. To be the res in a writ of replevin;.

Replevin For A Cow For Meat In Wayne

Description

Related forms

Show more info

Form Rating

Form popularity

FAQ

Who won in Sherwood v Walker?

Who won the case of Sherwood v. Walker, Michigan Supreme Court 1887 at the trial court level?

What is a replevin?

What do you need to prove to win a replevin case?

How to file for replevin?

How do I file for replevin?

How does a replevin order work?

How to file a replevin?

What is an example of a replevin case?

More info

Trusted and secure by over 3 million people of the world’s leading companies