Schemerhorn v. Mitchell

This was a suit in replevin, brought by appellee against appellant to recover certain furniture, fixtures and stock in trade, which appellant had levied upon as the property of Charles Schnell, by virtue of an execution in his hands in favor of the town of Greenfield against said Schnell, and upon which property appellee claimed to have a chattel mortgage executed by said Schnell and a former partner of his by the name of Finley.

The declaration contains two counts, one in the cejoit, the other in the detinet. The first count was not sustained by the evidence, for the property was not taken…