Practice question
A replevin writ describes one identified vehicle. The sheriff finds it held by the defendant’s agent. Does agency possession alone necessarily bar the taking?
- No; Section4 expressly includes possession by the adverse party’s agent
- Yes; only the defendant’s own hands qualify
- Yes; every agent is immune
- Yes; the description becomes irrelevant
- Yes; the agent becomes the judge
Legal references
- Rules of Court specified Rules58–61: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule60 Sections2–4 and7–8.
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