12-1308. Finding for defendant; judgment;
election to take value or property
A. If the defendant alleges that he is the owner of the property, is entitled to
its possession and demands its return, and if on the trial it is found that he is its
owner and that he was at the time the action was brought entitled to its possession, then
on the trial the value of the property replevied shall be found, together with any damage
the defendant has suffered for the wrongful seizure of the property, and judgment shall
be against the plaintiff claimant and the sureties on the replevin bond for the value of
the property, the damages and costs of the action and reasonable attorney's fees. The
judgment shall also be for the return of the property to the adverse party at a time and
place specified.
B. The defendant shall elect whether he will take the property itself or the amount
found as the value of the property. The election shall be made in order to permit the
plaintiff a reasonable time before the time specified in the judgment for delivery of the
property. The election may be made in open court, or by an instrument in writing filed
in the action.
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