Hibbard v. Thrasher

Appellant was a constable in LaSalle county. An execution came to his hands in favor of one Swartz, against Pliny Thrasher, which he levied upon two horses and sixty acres of growing corn. Appellee notified him that the property was her’s, and a jury was called to determine the question, who found a verdict in favor of the claimant, whereupon the constable, having kept the horses six days, returned the same to appellee.

She afterwards brought an action of trespass against appellant, on the trial of which the above facts were admitted. Appellant asked the court to instruct the jury, in…