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When is it necessary to file a separate and distinct action for recovery of ownership or possession of property?

April 26, 2017Action distinct file necessary ownership possession Property recovery separate

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When is it necessary to file a separate and distinct action for recovery of ownership or possession of property?

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The “proper action”, the object of which is for the recovery of ownership or possession of the property seized by the sheriff, is and should be an entirely separate and distinct action from that in which execution has issued, if instituted by a stranger to the latter suit.