Sartain v. Dixie Coal & Iron Co.

Mr. Malone, Special Judge,

delivered the opinion of the Court.

This is a replevin hill for certain coal alleged to have been mined on the property of the complainant, Sartain.

Under answer and cross-bill, filed by the defendant, alleging the insolvency of complainant, etc., the chancel*637lor permitted a cross-replevin, and turned the coal over to the defendant, upon the execution of a sufficient forthcoming bond. This action, we may observe in passing, was plainly erroneous. Dearmon v. Blackburn (1853), 1 Sneed (Term.), 390, 392, 393, 60 Am. Dec., 160; 23 R. C. L., 881, 882.

As stated in the latter…