Benbow v. Marquis & Co.

Thi.s was an action of replevin brought by the defendants in error against the plaintiffs in error in the Circuit Court of the State of Florida for the First Judicial Circuit in the county of Santa Eosa to -recover three hundred and ninety-eight pine saw-logs, which defendant, as Sheriff and ex offi-cio timber agent, had seized.

The defendant pleaded, first, the general issue not guilty; second, that the timber and logs described in the declaration are not, and were not at the time of the said alleged taking, the property of the plaintiffs; third, that the said plaintiffs are not and were not…