Proprietate Probanda
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
A writ which, in English practice, used to be directed to the sheriff, requiring him to inquire by inquest whether goods distrained were the property of the plaintiff, or of the person claiming them. This writ issued when to a writ of replevin the sheriff retm-ned as his reason for not executing it that the distrainor or other person claimed a property in the goods distrained.
2 Arch. Pr. 827.
The same object is now obtained by means of a summons to interplead