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Simple English definitions for legal terms
de proprietate probanda
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A quick definition of de proprietate probanda:
Term: DE PROPRIETATE PROBANDA
Definition: De proprietate probanda is a legal term that means "for proving property." It refers to a writ that orders a sheriff to investigate the ownership of goods that have been taken by someone else. If the person who had their goods taken wants them back, they must sue for a writ de proprietate probanda. The sheriff will then investigate who owned the goods before they were taken. If it is found that the person who took the goods owned them, the sheriff cannot do anything else. The case will then be taken to court to be further investigated and finally determined.
A more thorough explanation:
De proprietate probanda is a Latin term used in law which means "for proving property". It refers to a writ that orders a sheriff to investigate the ownership of distrained goods claimed by a defendant in a replevin action.
For example, if someone's property is taken by another person, they can file a replevin action to get it back. If the person who took the property claims that they own it, the court may issue a writ de proprietate probanda to determine who the rightful owner is.
The sheriff will then conduct an investigation and hold an inquest to determine who owned the property before it was taken. If it is found that the property belonged to the person who took it, the sheriff cannot proceed any further and the claim of property will be returned to the court for further prosecution.
This writ was commonly used in England during the 18th century and was an important tool for protecting property rights.