Joyner v. Miller

Citations

• 55 Miss. 208

Syllabus

<p>'1. Replevin. For property levied on. Levy disputed.</p> <p>In an action of replevin by a constable to recover the possession of property which he claims to have levied an execution upon, the defendants, claiming to have bought the property from the defendant in the execution, may introduce testimony to show that, in fact, there was no levy, the constable’s return on the execution being only prima-facie evidence of the levy.</p> <p>'2. Same. Question of levy. Silence of defendants.</p> <p>In an action of replevin by an officer to recover property upon which he claims to have levied an execution, it is not error for the court to refuse to instruct the jury that if one of the defendants, after the levy was alleged to have been made, in a conversation with such officer and one of the plaintiffs in the execution, in reference to the levy, raised no question as to the sufficiency of the levy, then the defendants are estopped to deny its validity.</p>