Claim Property Bond

A bond filed by a defendant in cases of replevin and of execution. Upon filing such bond in replevin the defendant is entitled to a return of the goods by the sheriff. Its use is said to have been long sanctioned by usage in Pennsylvania; Snyder v. Frankenfield, 4 Pa. Dist. K. 767. It has taken the place in replevin of the writ de proprietate probanda; Weaver v. Lawrence, 1 Dall. (U. S.) 156, 1 L. Ed. 79. Upon giving such bond defendant's title to the goods becomes indefeasible and the plaintiff can only look to the security for the damages which he may recover; 1 Dall. U. S. (4th Ed. by Brightly) 156, 157, note. In the case of an execution, if a third party files such bond, the sheriff may at his peril withdraw his levy.