Russell v. Dean

Smith, P. J.:

Replevin for a span of mules. Defendant justified as the bailee of one Ostrander who purchased tbe mules at a sale under an execution against tbe plaintiff. The plaintiff claimed that tbe mules were exempt from levy and that no title passed by tbe execution sale. Tbe case comes up on tbe report of tbe referee alone. Tbe referee found that tbe mules were used by tbe plaintiff as a team in bis business of farming and boating; that be bad no other team, and that they were necessary to him in bis said business, but it did not appear by the evidence what other property tbe plaintiff…