Schumann v. Pilcher

The action is trespass, "brought by appellee against appellant, for taking and carrying away certain personal property. • Appellant justified the taking by alleging he was a constable, and as such, received an execution issued upon a judgment in favor of D. S. Morgan & Co., against appellee, and levied the same upon the property described in the declaration, and sold the same to satisfy the execution. Replication was filed traversing this plea, and the cause was submitted to the court for trial without a jury. The plaintiff proved the ownership and possession of the property, and the taking…