AVOWRY

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AVOWRY

AVOWRY, pleading. An avowry is where the defendant in an action of replevin, avows the taking of the distress in his own right, or in right of his wife,and sets forth the cause of it, as for arrears of rent, damage done, or thelike. Lawes on Pl. 35 Hamm. N. P. 464; 4 Bouv. Inst. n. 3571. 2. An avowry is sometimes said to be in the nature of an action or of.a declaration, and privity of estate is necessary. Co. Lit. 320 a; 1 Serg. &R. 170-1. There is no general issue upon an avowry and it cannot betraversed cumulatively. 5 Serg. & R. 377. Alienation cannot be replied to itwithout notice; for the tenure is deemed to exist for the purposes of anavowry till notice be given of the alienation. Ham. Parties, 131-2; Ham. N.P. 398, 426.

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