Sack

This is an action to recover the possession of certain merchandise claimed by the plaintiff as his property. The defendant justified the seizure and detention of the goods by virtue of a writ of attachment issued in Lander v. Tennent, to whom the answer averred the goods to belong. The only question litigated at the trial was as to the truth of this averment.

First. At the close of the plaintiff’s evidence the defendant moved for a nonsuit on the ground that the plaintiff had not made out a prima facie case. The motion was overruled.

The plaintiff introduced but one witness — who testified that the plaintiff was in possession of the goods at the time they were attached as the property of Tennent. The counsel of the defendant is mistaken in supposing that there is anything in the testimony of the witness tending to prove that the goods sued for were purchased by the plaintiff of Tennent, or that they ever belonged to him, or were ever in his possession. But should it be admitted that the evidence tended to prove that the plaintiff derived his title from Tennent, still *347 inasmuch as the plaintiff was in possession of the goods at the date of the seizure, according to the…