Simmons v. Jenkins

This was replevin, in the Montgomery circuit court, by Wood, as mortgagee of Marshall, against Simmons, who, as constable, and having an execution from a justice’s court, on a judgment against Marshall, levied upon and took the goods out of Marshall’s possession, before default under the mortgage ; whereupon Wood sued 'out a writ of replevin in the cepit against Simmons, by virtue of which the goods levied upon were replevied. The declaration contains but one count, and that is for the wrongful talcing and detention of the goods.

The defendant filed three pleas: (1.) That he does not…