Border v. Benge

Action of replevin between two constables, each of whom had an execution against one Ashbough. Plaintiff claims to have made his levy upon the mare in question on the 27th day of October, 1857, leaving the animal, however, in the possession of the defendant in the execution, without taking any delivery bond. The defendant effected his levy upon the same animal on the 2d day of November following, and reduced the property to his custody under said levy, and held the same till replevied by the plaintiff on the 11th of the same month. On the succeeding day (the 12th) the animal was sold on the…