Marshall v. Cunningham
Illinois Supreme Court
This cause was tried before Marshall, Judge, and a jury, at May term, 1851, of the Marion Circuit Court. The jury found “ that the property in dispute is the property of the claimants.” James Marshall, the plaintiff in the execution by virtue of which the property claimed was levied upon, took this appeal. The facts of the case are set out in the opinion of the court.
1Opinion of the CourtTreat, C. J.
Marshall recovered a judgment against Hamilton, before a justice of the peace; and an execution issued thereon was levied on a mare and colt, which were claimed by Cunningham and Marshall. On the trial of the right of property in the Circuit Court, where the case was pending by appeal, the constable testified that the plaintiff sued out a warrant against Hamilton and placed it in his hands; he arrested Hamilton and brought him into town; Hamilton rode the mare, the colt following, and both were then his property; witness saw the mare tied to a stake, and Hamilton and Cunningham conversing…
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