Morrison v. Berry

The question presented by this appeal is whether replevin was the proper remedy in the case. The undisputed facts are that Lloyd Massey obtained a judgment in a magistrate’s court against Mrs. Lydia Berry for $13 upon which an execution was duly issued, directed to the constable of the township, who is the appellant herein. Appellant, in an official capacity, levied the execution on fifty-two bushels of corn in the barn on the farm of Mirs. Berry. The corn was the property of appellees, Ellison and Oscar Berry, and, when it it was levied upon, they sued out a writ of replevin, which was…