Kirby v. . Masten

The appeal was taken by defendants, for alleged error on the (540) part of his Honor in admitting certain evidence. All the facts necessary to an understanding of the point decided, are stated in the opinion of the Court. This was an action of trover begun in February, 1868, for the conversion of certain personal property, sold by the defendant Masten, as sheriff, on the 12th of February, 1868, under executions upon Justice's judgment against Isaac Lester.

The plaintiff claimed under a sale to him by Lester of 25th of January, 1868, and a bill of sale of 29th of January, 1868. The defence was…