Davis v. Upright

Action of replevin to recover a well-auger, and certain other personal property, being in the aggregate of the alleged value of $110, and of which plaintiff claimed to be the owner. The defendant Upright answered, in substance, that he was a constable, and that he levied an execution on said property, which execution issued upon a judgment in favor of his co-defendant Whalley, and against one Caldwell. That Caldwell was the owner of said property when the levy was made. There was a trial by jury, 'and a verdict and judgment finding that the plaintiff was entitled to the possession of the…