Martin v. Ray

Replevin. The defendants avow the taking, because the goods were the property of one A. Ray, against whom one of them had a judgment, and the other an execution as a constable; and they say actio non, because the property of the goods was in A. Ray, and not in the plaintiff General demurrer to the plea, and judgment for the plaintiff.

The defendants, in this case, have improperly- crowded Into *292their defence two distinct grounds for resisting the plaintiff’s suit. The one is a justification, because of a judgment and execution against a third person, said to be the owner of the goods. The othér…