Pierce v. Wade

This was a suit in replevin brought by Pierce and Heed, the plaintiffs in error, against Wade to recover a large number of cattle branded in a particular way. In executing tbe writ, tbe marshal, by mistake, took from the defendant sixty-two head of Texas steers, not having the proper brand, and delivered them with the other cattle to the plaintiffs, on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers, taken by mistake. It was thereupon adjudged that…