Walpole v. Smith

Replevin for the unlawful detention of certain goods and chattels. Pleas, non cepit; non detinet; property in defendant; property in one Lang. Demurrer to non cepit, and joinder.- Issues upon the other pleas. Demurrer sustained. Issues of fact submitted to the Court, and judgment for plaintiff; exception by defendant.

The facts arc as follows:—Walpole obtained a judgment before a justice of the peace against Lang. Execution issued upon it, which was placed in the hands of Smith, a constable, to be executed. He levied upon the chattels in dispute, and left them in the possession of Walpole. The…