When any property is held by an officer by virtue of a writ of attachment, any person other than the defendant having a general or special property interest therein with a right to the immediate possession thereof, and, when the property so held is claimed by the defendant to be exempt from execution, the defendant may bring an action of replevin against the officer alone, or against the plaintiff in the writ of attachment, or against both, to recover the property.
(1949 Rev., S. 8253; P.A. 82-160, S. 204.)
History: P.A. 82-160 rephrased the section.
Replevin lies by a trustee for trust property which was attached as his own individual property. 36 C. 13; Id., 105. Prior to 1878, the attaching plaintiff alone could be sued in replevin. 45 C. 157. Statutory remedy was unquestionably within the legislative power. 68 C. 9. Parties to action; judgment against officer as estoppel. 70 C. 340; 74 C. 397. Not maintainable by conditional vendor involved in conspiracy to defraud vendee's creditors. 128 C. 199. Nor by husband to recover vehicles attached in suit against wife which he had registered in her name to prevent attachment by his creditors. Id., 506. Only statutory method for recovery of exempt property. 136 C. 641.
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