de proprietate probanda

1 definition found

de proprietate probanda - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  DE PROPRIETATE PROBANDA, Eng. Practice. The name of a writ which issues in a 
  case of replevin when the defendant claims property in the chattels 
  replevied, and the sheriff makes a return accordingly. The writ directs the 
  sheriff to summon an inquest to determine on the validity of the claim, and, 
  if they find for the defendant, the sheriff merely returns their finding. 
  The plaintiff is not concluded by such finding, he may come into the court 
  above and traverse it. Hamm. N. P. 456.