Evans v. Davis

Judge Beeck

delivered the opinion of the Court.

This was an action of trespass brought by Evans against the defendants, Davis and Cbilderston, for taking and leading away a,stallion, called Timoleon, the property of Evans, together with a leathern halter.

Davis plead and justified the taking under two executions in his hands as a deputy Sheriff, one in favor of Beaty and the other of Bradshaw, and both against Evans; that before the sale of the property under the executions, as was intended, the horse died, and without fault on the part of him, the said Davis; that after the horse died, Beaty…