Fullerton v. Morse

Per Curiam :

After a careful consideration of this case we have arrived at the same conclusion as that reached by the Appellate Court, and are satisfied with the reasons given for the decision as set forth in the following opinion of that court delivered by Mr. Presiding Justice Pleasants, which opinion is here adopted:

“This was an action of replevin, brought against appellee, a constable, who had levied on the property in controversy under process against the mortgagor in possession and before condition broken. By stipulation of the parties it was tried without written pleadings, by the…