Avowry

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,