Green v. Walker

This is an action of replevin to recover the1 possession of a span of horses. The plaintiffs claim to own them as copartners. The defendant, as sheriff, justifies the taking and holding of the horses under an execution issued on a judgment against Simon Green, the husband of the plaintiff Alice. The real controversy, therefore, is, Was the property seized on the execution the property of the plaintiffs, or was it the property of the judgment debtor? The plaintiff Alice, in order to prove that she had been in business on her own account and had a separate estate, offered in evidence two…