AVOWRY

A pleading in the. action or replevin, by which the defendant a,vows, J that ls, acknowledges, the taking of the distre or property complained of, where he took 1t.in his own right, and sets forth the reason of it; as for rent in arrear, damage done, etc. S Bl. Comm. 149; 1 Tidd. Pr. 645. Brown v. Bi ett, 21 N. J. Law, 274; Hill K v. Miller, 5 Serg. & R. Wa.) 357. Avowry is the setting forth, as in a declaration, the nature and merits of the defendant's case, showing that the distre taken by him was lawful, which must be done with such sufficient authoritx_ as will entitle him to a ret or-- L n,o habendo. Hill v. Stocking, 6 Hill (N. Y.) 2.84. An avowry must be distinguished from a juatifi.cation.. The former species of. plea admits the plaintiff's •ownership of the property, but alleg~s a right in the defendant snfficiPnt to warrant him in taking the property and which M ■till BUhsista. A jns~fication, on the other band, [s. 115]