Sargeant v. Marshall

This was an action in replevin brought by appellant against appellee to recover the possession of two horses described in the writ. The pleas were non oepit, non detmet and property in defendant.

The evidence in the case shows that one Jared Moore purchased the team in question of either James Sargeant, the brother of appellant, or the appellant himself — for the purposes of the trial it is immaterial which — in August, 1886, for $205, and paid $30 of it, and was to give a note to appellant for balance, without interest, due in one year. It seems that if appellant was not the absolute owner or…