De Proprietate Probanda

English Law: De Proprietate Probanda in the Past

Practice. There is further information on this topic in this legal reference. The name of a writ which issues in a case of replevin when the defendant claims property (see more about this popular legal topic in the U.K. encyclopedia) in the chattels replevied and the sheriff (see law enforcement in the U.K. encyclopedia) makes a return accordingly. There is further information on this topic in this legal reference. The writ directs the sheriff (see law enforcement in the U.K. encyclopedia) to summon an inquest to decide on the validity of the claim, and, if they find for the defendant, the sheriff (see law enforcement in the U.K. encyclopedia) merely returns their finding. There is further information on this topic in this legal reference. The plaintiff is not concluded by such finding, he may come into the court above and traverse it. Hamm. N. P. 456. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about de proprietate probanda is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including de proprietate probanda.

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