Bassett v. Fahey

McCulloch, J.:—

This is an action of replevin brought to recover certain articles of jewelry claimed by plaintiff under a deed of assignment dated July 2d, 1877, made by James A. Hutchinson for the benefit of bis creditors, which the defendant, as constable of Peoria county, levied upon by virtue of an execution, dated.on the same day as the assignment.

No question is made as to the validity of the execution, nor that it became a lien upon the property of Hutchinson from the time it came into the hands of defendant, as con-7 stable, which time the proof shows to have been at 9 o’clock a. m. of…