Bodine v. Simmons

Simmons replevied a buggy from Bodine, ■which the latter had levied on under an execution against one Reynolds. Simmons purchased it of Reynolds in February, 1876, in settlement of a debt. After using it a while he broke it and had it sent to the shop of one Shire for repairs, where it was subject to a mechanic’s lien when levied on in April, 1877. Bodine .advertised it for sale on the 5th of May, 1877, but did not then sell it, and on that day it was replevied.

On the trial various questions arose which were made the subject of exceptions.

It was claimed, among other things, that as the…