Avowry

Defined in 7 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Stimson (1881), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In pleading. The answer of the defendant in an action of replevin brought to recover property taken in distress, in which he acknowledges the taking, and, setting forth the cause thereof, claims a right in himself or his wife to do so. 4 Bouv. Inst, note 3571; 3 Bl. Comm. 149. A justification is made where the defendant shows that the plaintiff had no property, by showing either that it was the defendant's or some third person's, or where he shows that he took it by a right which was sufficient at the time of taking, though not subsisting at the time of answer. The avowry admits the property to have been the plaintiff's, and shows a right which had then accrued, and still subsists, to

Ballentine's Law Dictionary

James A. Ballentine · 1916

A plea of justification in replevin.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

The answer of defendant in an action of replevin brought to recover property taken in distress, in which he acknowledges the taking, and, setting forth the cause thereof, claims a right in himself or his wife to do so. Lawes, PI. 35. A justification is made where the defendant shows that the plaintiff had no property by showing either that it was the defendant's or some third person's, or where he shows that he took it by a right which was sufficient at the time of taking though not subsisting at the time of answer. The avowry admits the property to have been the plaintiff's, and shows a right which had then accrued, and still subsists, to make such caption. See 2 W. Jones 25. An avowry is sometimes said to be in the nature of an action or of a declaration, so that privity of estate is necessary; Co. Litt. 320 a; Blaine's Lessee v. Chambers, 1 S. & R. (Pa.) 170. There is no general issue upon an avowry; and it cannot be traversed cumulatively; Hamilton v. Elliott, 5 S. & R. (Pa.) 377. Alienation cannot be replied to it without notice; for the tenure is deemed to exist for the purposes of an avowry till notice be given of the alienation; Hamm. Part. 131. The object of an avowry is to secure the return of the property, that it may remain as a pledge; see 2 W. Jones 25; and to this extent it makes the defendant a plaintiff. It may be made for rents, services, tolls; State v. Patrick, 14 N. C. 478; for cattle taken, damage feasant, and for heriots, and for such rights wherever they exist.. See Gilbert,

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A pleading in the action of replevin, by which the defendant avows, that is, acknowledges, the taking of the distress or property complained of, where he took It in his own right, and sets forth the reason of it; as for rent In arrear, damage done, etc. 3 Bl. Comm. 149; 1 Tidd. Pr. 645. Brown v. Bissett, 21 N. J. Law, 274; Hill v. Miller, 5 Serg. & R. (Pat) 357. Avowry is the setting forth, as in a declaration, the nature and merits of the defendant's case, showing that the distress taken by him was lawful, which must be done with such sufficient authority as will entitle him to a retor-no habendo. Hill v. Stocking, 6 Hill (N. Y.) 284. An avowry must be distinguished from a justification. The former species of plea admits the plaintiff's ownership of the property, but alleges a right in the defendant sufficient to warrant him in taking the property and which still subsists. A justification, on the other hand, denies that the plaintiff had the right of property or possession in the subject-matter, alleging it to bave been in the defendant or a third erson, or avers a right sufficient to warrant the efendant in taking it, although such right has not continued in 'force to the time of making answer.

A Law Dictionary and Glossary

George C. Kinney · 1893

A pleading in replevin, by which the defendant avows, that is, acknowledges the taking complained of, where he took it in his own right, and sets forth the reason.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

A pleading in replevin whereby the defendant avows [confesses] the taking, and seeks to justify it on Ms own right; T. Conusance, Cognizance.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

[L. Lat. advocatio, q. v.] In pleading. A pleading in the action of replevin, by which the defendant avows (advocat), that is, acknowledges the taking of the distress or property complained of, where he took it m his own right, and sets forth the reason of it; as for rent in arrear, damage done, <fec. 3 BL Com. 149. 1 Tidd's Pr. 646.