Saffell v. Wash

Judge Marshall

delivered the opinion of the Court.

This action of replevin was brought by Wash against Saffell for taking a horse of the plaintiff. The defendant pleaded, that he, as Constable, having in his bands an execution from a Justice of the Peace against Wash, levied it, while in full force, on the horse, being the property of the plaintiff, and prays a return. To this the *93plaintiff replied, that the horse was his only work beast, which upon facts stated, he claimed to be exempt by law from execution. The defendant rejoined, denying the exemption, and issue having been taken thereon,…