Matthew Kelso, age 16, of Springfield, I11., for his question:
WHAT IS REPLEVIN?
Replevin is a legal action used to recover goods or chattels that have been unlawfully taken or illegally retained. Here is an example of replevin: When two horses broke down a fence and destroyed part of a farmer's cornfield, he put them into his barn.
He then refused to return the horses to their owner until he was paid for the damage to his corn.
The farmer who owned the horses appealed to the court for an order, or writ, directing the sheriff to seize the horses and return them to him. This action in law is called a replevin.
A writ of replevin directs the sheriff to seize the property described and return it at once to the party from whom it was taken. In his application for replevin, the plaintiff must assure the court by bond or in some other way that he will pay any damages found to be due to the defendant.
If the action is decided in favor of the plaintiff, he is entitled to recover his property. If the actual property itself cannot be recovered, he is entitled to its value in cash, together with such damages as the court may allow.