#### Paul F. Beech Company, Appellant, v. Leslie Forbes, Sheriff, Appellee.

(Not to be reported in full.)

Abstract of the Decision.

Replevin, § 124 * — when evidence shows recovery by seller of goods sold under conditional contract before levy of execution. In an action of replevin to recover possession of goods sold under conditional contract in the hands of a sheriff, evidence as to whether plaintiff had regained possession of the goods before the levy of an execution by defendant, held sufficient to support a finding in favor of defendant.

Appeal from the Circuit Court of De Witt county; the Hon. Geobge A. Sentel, Judge, presiding. Heard in this court at the April term, 1917.

Affirmed.

Opinion filed October 11, 1917.

Rehearing denied December 1, 1917.

Statement of the Case.

Replevin by Paul F. Beech Company, plaintiff, against Leslie Forbes, sheriff, defendant, to recover possession of a piano held under levy of an execution. From a judgment for defendant, plaintiff appeals.

E. B. Mitchell and Sterling, Livingston & Whit-more, for appellant.

L. R. Herrick and W. F. Cray, for appellee.

*

See Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Graves

delivered the opinion of the court.