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Simple English definitions for legal terms
avowry
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A quick definition of avowry:
Term: AVOWRY
Definition: Avowry is a legal term used in common-law pleading. It refers to an acknowledgment made by a defendant in response to a replevin action, where they admit to taking someone else's property and provide a justification for doing so. For example, if the defendant took the property because they believed it was damaged and needed to be repaired, they would provide an avowry to explain their actions.
Related term: Cognizance(4)
A more thorough explanation:
Avowry is a term used in common-law pleading. It refers to an acknowledgment made in response to a replevin action, where one admits to taking property and justifies the taking.
For example, if someone takes property that they believe belongs to them, but the original owner disputes this, the original owner may file a replevin action to recover the property. In response, the person who took the property may make an avowry, acknowledging that they took the property but justifying their actions by claiming that they believed it was rightfully theirs.
Another example could be if a landlord takes possession of a tenant's property as collateral for unpaid rent. The tenant may file a replevin action to recover their property, and the landlord may make an avowry, acknowledging that they took the property but justifying their actions by claiming that they were entitled to do so under the terms of the lease agreement.
These examples illustrate how avowry is used in common-law pleading to acknowledge the taking of property and provide a justification for that taking.