Stone v. O'Brien

Replevin by appellee against appellant Stone, constable, holding under execution levy; appellee claims ownership of the property in controversy; cause tried to the court without a jury.

The proofs show that the animal had been purchased from Payne, the judgment debtor, by appellee; that a change of possession took place at the time of the purchase; that it was redelivered to Payne, as appellee’s agent, for certain specified purposes; that Payne held such possession for a long period and exercised the usual acts of ownership. That on the day appellant levied the execution, the animal was in the…