4 F. Cas. 85
U.S. District Court
Decided April 27, 1876
U.S. District Court · decided 1876-04-27
Demurrer to plea. This was an action of replevin 1o recover the possession of fifty-two barrels of high wines, to which the plaintiffs [Brice et al.] claimed ownership by purchase from F. Bergenthal & Bro.
[Demurrer overruled · Decided 1876-04-27
¶1THE COURT
¶2gave judgment for the defendant upon the demurrer, saying that the act of congress (Rev. St § 934) explicitly declares that property taken or distrained under authority of the revenue law shall be irrepleviable, and that the form of action of replevin is taken away from persons claiming property bo taken or distrained.