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Legal Definitions - avowee
Definition of avowee
An avowee is the individual or entity on whose behalf another person (known as the "avowant") justifies the seizure of property. This term typically arises in a legal action where property has been taken, and the person who took it defends their actions by claiming a right to do so, often because rent or services were owed to the avowee.
Here are some examples to illustrate this concept:
Property Management Scenario: Imagine a property management company, acting as an agent for a landlord, seizes a commercial tenant's inventory from their retail space because the tenant has not paid rent for several months. The tenant then files a lawsuit to get their inventory back.
In this situation, the property management company is the avowant because they are justifying the seizure of the inventory. The avowee is the actual owner of the commercial property, as the management company acted on their behalf to recover the unpaid rent.
Estate Executor Scenario: Consider a situation where the executor of a deceased landlord's estate seizes certain farm equipment from a tenant farmer who had consistently failed to pay the agreed-upon rent for the land. The tenant subsequently sues to recover the equipment.
Here, the executor is the avowant because they are defending the seizure of the equipment. The avowee in this case is the deceased landlord's estate, as the executor is acting on its behalf to recover the outstanding rent.
Corporate Agent Scenario: Suppose a corporate agent, authorized by a holding company that owns several properties, seizes office furniture from a subsidiary company that has defaulted on its lease payments to the holding company. The subsidiary then initiates legal action to reclaim the furniture.
The corporate agent is the avowant because they are defending the seizure. The avowee is the holding company itself, as the agent was acting directly on its behalf to enforce the lease agreement and recover the owed payments.
Simple Definition
An avowee is the individual on whose behalf or by whose authority an avowant justifies the seizure of property (distress). Historically, the avowant would declare the right of the avowee as the basis for their action.