Carew v. Mathews

Tbe defendant by virtue of an execution .■against the husband of the plaintiff levied upon certain ■chests of tea, in a store -which the plaintiff claimed to be in possession of, and removed the same therefrom. The plaintiff thereupon as owner of the goods taken brought an action •of replevin therefor, and obtained a verdict and judgment •in her favor. The defendant assigns error.

‘The defendant upon the trial claimed, and introduced evidence tending to prove, that the property taken belonged to the execution defendant; that the plaintiff’s claim was a fraudulent one, made in order to cover up…