Culbertson v. Milhollin

This was replevin, by the appellee, who was the plaintiff, against Culbertson, commenced before a justice of the peace, for the recovery of a dun colt. The plaintiff claimed title, under a constable’s sale,~by virtue of an execution, issued upon a judgment, in which he was plaintiff, and Culbertson was defendant. The justice gave judgment in favor of the plaintiff for 25 dollars, and the defendant appealed.

In the Common Pleas the issues were tried by the Court, who found for the plaintiff 30 dollars. Motion for a new trial overruled and judgment.

The evidence shows that Milhollin, the present…