Adams v. Hubbard

This was an action of replevin. The property was admitted to belong to the plaintiff below (plaintiff in error). The defendant, as an officer, claimed it by virtue of a levy upon an execution from a justice of the peace against the plaintiff, which he introduced in evidence, but it does not appear from the record that he gave any proof of the judgment on which it issued. The plaintiff gave evidence tending to prove that the judgment upon which the execution issued was void. As the execution was valid upon its face, the circuit judge instructed the jury that, though the proceedings before the…