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De libertate probanda is a Latin term meaning, “for proving liberty”. De liberate probanda refers to a writ directing a sheriff to take security from a person accused of being a villain. This writ also protects the person accused from harassment until the person’s status was determined by the justices of assize. The writ de libertate probanda in a replevin action is always issued by the plaintiff upon the return by the sheriff of a claim of property. [Robertson v. Stuart, 2 N.C. 159 (N.C. 1795)].