Carroll v. McKale

This is an action in replevin for a Columbia bicycle, taken frQm possession of defendant, who, as deputy sheriff, seized the same on a writ of execution in favor of Fred Haines, and running against the property of one Smoyer. The issue was whether the property was the property of Smoyer at the time of its seizure, or the property of plaintiff. The circuit judge directed a verdict for plaintiff, and the question is whether there was any testimony tending to support the title of Smoyer.

There was testimony on the part of the defendant which tended to show that Smoyer was the owner of an equity…