Stockwell v. Robinson

Citations

• 14 Del. 313

Syllabus

<p>Replevin—Previous Demand—Sheriff— Execution—Construction of Statutes.</p> <p>Where a person is in the undisputed possession of goods or chattels, the law presumes they are his, and he cannot be deprived of the possession of them by a party claiming them in an action of replevin, unless the claimant by direct proof shows a better right to their possession.</p> <p>A writ of attachment or execution issued to the sheriff vests in him the right to seize the property of the defendant therein; but it gives him no right to seize the goods of another party; if he does, he becomes a trespasser.</p> <p>The sheriff must seize and sell the goods of the defendant in an execution in his hands, even if no bond of indemnity be given him by the plaintiff; if there be doubt as to whom the goods belong, he may summon a jury of twelve men and thereby inquire into the title of those goods and chattels, and upon the rendition of their verdict he may protect himself.</p> <p>No previous demand is necessary before the issuing of a writ of replevin for the recovery of goods of the plaintiff in the possession of another party. But if the defendant in said writ became lawfully possessed of said goods and surrenders them immediately upon the service of the writ issued without previous demand, he will not be liable for costs.</p> <p>The statute dispensing with previous demand in Certain cases before replevin brought, is constitutional and retroactive, as in its terms clearly expressed.</p>