Duncan v. Jackson

Mary A. Jackson, appellee, brought an action of replevin against John B. Duncan, appellant, a constable in the Marion Circuit Court, to recover possession of a certain field of growing wheat that appellant had levied upon by virtue of an execution in his hands against the goods and chattels of E. A. Jackson, the husband of appellee. Hpon the trial of the cause judgment was rendered for the plaintiff. A motion for a new trial was entered, and overruled by the court, and the cause is brought to this court by appeal. The second error assigned is that the court gave improper instructions for the…