Isbell v. Epps

This action was instituted to recover the possession of a bale of cotton, said to have been wrongfully detained from the appellee by the appellants. Appellants pleaded non deíiñet, and the cause was submitted to the court sitting as a jury. Judgment was rendered in favor of appellee, and damages assessed at $187.60. The motion for a new trial was overruled, and appeal granted.

The agreed statement of facts, as far as is necessary to decide the points before us, are as follows: Humphries, one of the appellants, was a constable in White county, and had an execution in his hands, issued by a…