An owner may sue to replevy stolen art and antiquities.
In contrast, New York law imposes on a stolen object's current possessor the burden of proving that the object was not stolen when an alleged victim of theft seeks to replevy the object.
In 1822, two circuit court judges of the state, independently, found that the application of the replevy law to extant contracts violated the U.
The new state legislature subsequently repealed the state's replevy law and resolved the court controversy in favor of the old Court (Conant 1969, p.
Under the old law, a party seeking to replevy personal property was not required to show prior to seizure that goods were being wrongfully detained.
068(3) (which requires a party seeking to replevy property to post a bond in an amount equal to twice the value of the goods) applied in a show cause proceeding.