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wrongful detention Tag

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Replevin Concerns the Wrongful Detention of Property

The cause of action of replevin arises when another party wrongfully detains your property. Replevin is strictly a possessory action where the sole legal issue is the right to immediate possession, not ownership or title. In a replevin action, the right of immediate possession is the question to be determined, and that right may prevail even against absolute legal title to the property where title and possession have become separated. Indeed, where the title and the right of immediate possession are separated, a temporary right to possession may prevail against an absolute legal right to the property. Accordingly, the matter of...

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