No. 62.

#### Miller et al. v. Johnsons.

Opinion filed Feb. 25, 1886.

This ivas an action of replevin for two horses, brought by appellants, claiming under hill of sale, and also assignment of a chattel mortgage from an execution defendant, against the constable who levied upon and took thorn. The levy was made after the mortgage debt had matured and the questions presented were upon the sufficiency, as against the judgment creditor, of the possession claimed to have been previously taken under .the bill of sale, and the good faith of the alleged purchase.

The issue of property was found for the defendant who had judgment for his costs and a return of the property, and there being sufficient evidence to sustain such judgment, it is affirmed.

Attorneys, for appellant, Mr. W. E. Hughes; for appellee, Messrs. Kerrick, Lucas & Spences.

Opinion

Per Curiam.

Judge below, R. M. Benjamin.