Leonard v. Hair

This is an action of tort in the nature of trover for the conversion of a horse, brought by a mortgagee against an officer who sold the horse on an execution against the mortgagor. After the horse was taken on the execution, and the day before the sale, it was attached by the defendant on mesne process. It is contended by the defendant that the mortgagor was the purchaser at the sale, and then received, and has since retained, the possession of the horse. No demand was made for the property before the action was commenced. It is also contended by the defendant that, although the seizure and…