A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, if he prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a redelivery to the owner of the pledge or thing taken in distress. Wharton. And see Sinnott v. Feiock, 165 N. Y. 444, 59 N. E. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Healey v. Humphrey, 81 Fed. 990, 27 C. C. A. 39; Mc- Junkin v. Mathers, 158 Pa. 137, 27 Atl. 873; Tracy v. Warren, 104 Mass. 377; Lazard v. Wheeler, 22 Cal. 142: Maclary v. Turner, 9 Houst. (Del.) 281. 32 Atl. 325; Johnson v. Boehme. 66 Kan. 72, 71 Pac. 243, 97 Am. St Rep. 357.
Written and fact checked by The Law Dictionary