Talbott v. Davis

The opinion of the court was delivered by

Dennison, P. J.:

This is an action of replevin brought by the plaintiff in error against Davis as constable to recover the possession of a phaeton which Davis held by virtue of the levy of an execution against one McClurg, upon a judgment' against him in favor of the National Bank of Commerce.

Talbott claimed a special ownership by reason of a sale note which he recorded in the office of the register of deeds, of Reno county at eleven o’clock a. m. on the day the levy was made. The testimony of the plaintiff shows that Davis came to McClurg’s barn *641about…