John N. Bullis, Assignees v. Henry B. Montgomery, Respondents

Summary

The Court held that the sheriff was not protected by the requisition because the property was not taken from the defendant's actual possession, that the plaintiffs had not obtained actual possession of the tools, and that Walters' pre‑sale statements were inadmissible hearsay. Accordingly, the motion to dismiss the sheriff should have been granted and the evidence of Walters excluded, reversing the lower court's new‑trial order.