Upton v. Craig

This was an action of replevin, in the Peoria Circuit Court, for a sorrel mare and one bay horse, brought by James S. Upton and company, against Samuel Craig, a constable, who justified under a writ of attachment, issued at the suit of one Tracy, against William H. Ely.

There was a trial by jury, and a verdict and judgment for the defendant, to reverse which plaintiffs appeal.

The only questions of importance in the case are, the validity of the chattel mortgage, under which the plaintiff claimed the property, and the legality of the levy of the writ, of attachment.

The objection taken to the…