Town v. Tabor

Graves, J:

Tabor sued in replevin for an organ that Town held and refused to deliver to him.

The action was tried in October, 1875. Tabor gave evidence that he bought the organ of Martin Carmen and his daughter Lizzie Carmen on March 9, 1874, and received a bill of sale therefor. This bill of sale was given in evidence, but is not in the record.

At this time Tabor was an attorney, and had previously acted as such for the Carmens in regard to a claim made against the organ by Kinney, Adams & Co., under color of attachment proceedings before a justice, against Martin Carmen. Town was constable,…