ART. 75] REPLEVIN. 1689

Cited but not construed in Brehm v. Sperry, 92 Md. 408.
As to equitable defenses at law, see sec. 86, et seq.
This section is Identical with art. 26, sec. 44.

Replevin.

1904. art. 75, sec. 114. 1888, art. 75, sec. 108. 1860, art. 75, sec. 59. 1785, ch. 80,

sec. 14. 1888, ch. 547.

116. All replevin bonds and retorno habendo bonds may be given by
the plaintiff or defendant, as the case may be, or on their behalf, and the
clerk shall have power to swear all parties executing such bonds, whether
as principals or securities, as to their pecuniary sufficiency, and may also
interrogate under oath the plaintiff in any replevin touching the value of
the goods and chattels proposed to be replevied, in order to determine
the proper penalty to be named in the replevin bond. The court, upon
return of any writ of replevin, shall have power, upon motion being
made by the defendant for a return of the property taken under the writ,
to inquire into the circumstances and manner of the defendant's obtain-
ing possession of such property; and if it shall appear that such posses-
sion was forcibly or fraudulently obtained, or that the possession being
first in the plaintiff was got or retained by the defendant without proper
authority or right derived from the plaintiff, the court may refuse to
order a return to the defendant until a judgment is given in the action.
On a motion for the return under this section of property replevied, the
court does not take into consideration the right of property; motion refused.
Montgomery v. Black, 4 H. & McH. 391. And see Glenn v. Fowler, 8 G. &
J. 348.

Under this section, the matter of fraud may be Investigated as fully as in
a court of chancery, and the relief administered is the award of possession
of the property. Glenn v. Fowler, 8 G. & J. 348.

This section referred to in deciding that upon a plea of "property In the
defendant," the burden of proof Is on the plaintiff. Callum v Bevans 6 H &
J. 471.

As to the conclusion of a declaration in replevin, sec sec. 24, sub-sec. 104.
As to replevin before Justices of the peace, see art. 52, sec. 50, et seq.

Ibid. sec. 115. 1888, art. 75, sec. 109. 1860, art 75, sec. 60. 1825, ch, 65,
sec. 2. 1852, ch. 336.

117. Tf the defendant in replevin shall be returned "summoned,"
and shall not appear in person or by attorney on or before the fourth
day of the term next succeeding that to which such return shall be made,
the court shall, on motion, enter judgment for the plaintiff for the prop-
erty replevied and for nominal damages and costs, and the same proceed-
ings shall be had upon the return of two "non ests" as upon a return of
"summoned."

Ibid. sec. 116. 1888, art 75, sec. 110. 1888, ch. 417.

118. In all actions of replevin where the defendant shall have been
duly summoned and return shall have been made by the sheriff that
either all or some portion of the chattels described in the writ have been
eloigned, the plaintiff, having duly established his right of possession to
all or any portion of the chattels described in the writ and the illegal