Fuentes v. Shevin
Writ Of Replevin
Replevin, also known as clan and delivery, Detinue, Revindication, and Sequestration refers to legal action taken by the owner of some item (usually of personal value) in an effort to reclaim possession of an item that has been wrongfully taken. It is one of the oldest forms of legal action originating in the fourteenth century as a means of protecting tenants from landlords. Landlords used to take possession of personal valuables to compensate for past due rent--items which often exceeded the value of rent owed.
Replevin, most often referred to as claim and delivery, is considered a "possessory" action because the main objective of the suit is to regain possession of a particular good, however, compensation beyond the repossessed item is often sought. Replevin can only be used to recover tangible personal property which must be adequately described by the plaintiff, for example in the case of a stolen family heirloom. Stock certificates and valuable intellectual property such as mathematical formulas can be recovered in replevin suites but not undocumented ideas.
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972Fuentes v. Shevin - Debtors' Rights And Contractual Agreements, Impact, Writ Of Replevin