Rose v. Colter

The appellant, who was the plaintiff below, instituted this action for the recovery of personal property, which had been seized upon an execution issued against Eielding W. Rose. The errors assigned are all based upon the ruling refusing a new trial.

It appeared in evidence that the property in controversy, .a horse and buggy, had been, at one time, owned by the execution debtor; that he kept it at a livery stable, and that, after the purchase by appellant, there was no visible change of possession. Conceding that there was no change of possession, and granting, also, that this fact created a…