Cooke

This is an appeal on the judgment roll from a judgment for the recovery of personal property. The plaintiff alleged that he was the owner and entitled to the immediate possession of the property, giving its value, and that the defendant had wrongfully, and without the plaintiff’s consent, taken and retained possession thereof, and detained the same from him; that he had demanded possession of the property, which was refused; and that he had been damaged in the sum of one hundred dollars. The defendant answered, denying the *482 ownership of the plaintiff, or his right to possession, or that he had wrongfully taken or wrongfully detained the property, or that the plaintiff had been damaged; and alleging, also, that the property was owned by one Cyrus F. Cooke. He also justified, as sheriff, by alleging that said Cooke was the owner of the property, and that he had taken possession of the same by virtue of a writ of attachment, regularly issued against Cooke, and placed in his hands for service as such sheriff.

The answer did not put in issue the value of the property, as alleged in the complaint. The court found that the plaintiff was the owner and in possession of the property,…