Ingersoll v. Emmerson

Smith, J. —

This was an action of replevin brought by *77the appellants against the appellee for a canal boat. Pleas — 1st., non cepit; 2d, non detinet; 3d, property in the defendant; 4th, 5th, and 6th, property in other persons.

There was a trial by jury which resulted in a verdict for the defendant. Motion for a new trial overruled, and judgment de retorno.

The testimony is set out in a bill of exceptions. It appears that, on the 31st of December, 1842, Ambrose S. Holliday and John T. Holliday, trading as a firm styled John T. Holliday and Co., were the owners of the canal boat, Transit, then…