House v. Turner

This is an action of replevin. The defendants held a judgment against the plaintiff, amounting to about $35, and caused an execution to be issued, and placed in the hands of one Charles A. Merrell, a deputy sheriff, which execution was by him levied upon the property herein involved. A writ of replevin was sued out and directed against these defendants jointly. There is a finding that the property was seized by the direction of these defendants. There is no finding that the property was in the custody of defendants, or under their control. The evidence is distinctly the other way,— that when…