Terril v. Thompson

*272OPINION of the Court, by

Judge Owsley.

This js atl action 0f trespass, brought by Terril against Thompson, for entering his close, and taking and carrying away ⅞ quantity of corn. Thompson pleaded— *2731st, “ That the corn in the declaration mentioned was taken as the property of one M’Callister, by a constable, under an execution regularly issued from a justice of the peace against him, and that the defendant, at the sale regularly made under the execution aforesaid by the constable, became the purchaser, which is the same trespass mentioned,” &c. And for second plea, pleaded not guilty.

The…