Maul v. Scott

Decided November 15, 1822

The plaintiff.claimed property in a horse, which the defendant, as deputy marshal, had taken as the property of one E. P. Taylor, upon a fieri facias at the suit of A. B. The horse had been sold by Taylor to the plaintiff, Maul, on the 10th of January, the horse then being in the possession of one Edward Stone, as bailee of Taylor, who on that day gave a written order to Stone to deliver the horse to Maul.

Decided 1822-11-15

The COURT,

¶1however',

(Thruston, J., contra,)

¶2said that the lien was lost by the return of the fieri facias, nulla bona, and was not revived by the delivery of the alias fieri facias to the marshal.

¶3Verdict for the plaintiff’.

¶4Motion for new trial on the ground of misdirection of the jury on that point, overruled.