Abasi Bros. v. Louisville & N. R.

Citations

• 115 Miss. 149
• 75 So. 756

Syllabus

<p>Trover and Conversion. Custody of replevied property. Delivery to wrong person.</p> <p>Where one in whose custody the sheriff has left replevied property, fails to deliver the property on the sheriff’s request to the defendant in replevin who had given a replevin bond, but turns the property over to the plaintiff in replevin, such person is liable to the defendant in replevin, for its conversion irrespective of the merits of the replevin suit, and notwithstanding plaintiff in the replevin suit claimed the property had been stolen and it was required for identification purposes. A judg-'ment in such case will not affect the rights’ of the parties in-the original replevin suit.</p>