Emanuel & Barnett v. Cocke

Judge Ewing

delivered the Opinion of the Court.

Emanuel and Barnett brought an action of trespass quare clausumfregit against Cocke-and Jones, alleging in their declaration, that the defendants entered their store house, and seized, took and carried away a large parcel of their goods — specifying the articles in general terms, and their value.

The case was tried, on issues formed, on the two following pleas: first, a- plea of justification by both defendants, that Cocke, as deputy sheriff, had two executions in his hands against Myers & Labatt, in favor of Newell & Campbell, and that the goods…