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If Vide H.Bl. 34. then the profert was fuperfluous, fo was the avowant's ac - cepting it, and judgment muft be given for the avowant on the avowry, by which it appears that rent was behind, and the diftrefs lawful, and to which there is no fufficient, anfwer.
But it cannot be in an avowry to a replevin, becaufe the avowry is to juftify the taking the cattle \ and whether the mo - ney is paid or not, is not the queftion; but if the diftrefs was rightfully taken, the avowant muft have a return; if wrongfully, he muft anfwer the plaintiff's damages.