Chamberlain v. Brown

Reese, Ch. J..

This was an action in replevin, instituted by the plaintiff in error, for the possession of one sorrel horse and one mouse-colored mule. The action Avas instituted against II. K. BroAvn, who was the constable, and who had taken the property on execution to satisfy a judgment in favor of Michael Padden and against J. J. Lee. Padden was substituted as defendant instead of Brown, under the provisions of Sec. 50 of the civil code, and filed his answer, denying plaintiff’s ownership, and alleging the OAvnership ■of Lee, the recovery of his judgment, and the levy upon the property.…