Sleight v. Henning

Campbell J.:

Plaintiff brought replevin for a quantity of apples, and 894 barrels were seized upon the writ. It became a question whether certain apples included in this amount, and which were bought on one day, could be identified and distinguished from the rest; and the question of title also became material. ' The defendant Henning was a witness, and claimed title to a portion of the apples replevied. Having testified that he was ¡resent when the apples were replevied, he was asked whether one George Webster at that time pointed out to the sheriff the apples which said Webster claimed he…