Yarborough v. Harper
Mississippi Supreme Court
In error from the circuit court of Carroll county; Hon. F. JVL Rogers, judge. This was an action of replevin to recover a horse and colt, which were alleged to have been wrongfully taken and illegally detained. Declaration filed in usual form. On the trial, bill of exceptions was taken to a charge given to the jury by the court.
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In error from the circuit court of Carroll county; Hon. F. JVL Rogers, judge. This was an action of replevin to recover a horse and colt, which were alleged to have been wrongfully taken and illegally detained. Declaration filed in usual form. On the trial, bill of exceptions was taken to a charge given to the jury by the court. It was proven, that the plaintiff was the owner of the property in controversy, and had left it with one Hendricks to be kept safely until plaintiff returned, he having temporarily left the State; that Hendricks, against whom defendant had an execution, had no…
1Opinion of the CourtJustice Fisher
The plaintiff in error brought an action of replevin in the circuit court of Carroll county. The defendant resisted the action, on the ground that he had levied on, and taken the property in controversy as an officer,'by virtue of an execution against the property of one Hendricks. The court below instructed the jury, that this was a good defence to the action.
The execution only authorized the officer to levy on and take possession of the property of the defendant therein. "Without the execution, he could not have taken the property of the debtor. It gave him no authority to seize the…
2Cited by4 opinions
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- Ross v. HawthorneMississippi Supreme Court · 1878
- Morin v. BaileyMississippi Supreme Court · 1878