
    Mickles and Matthews against Tousley.
    
      Certiorari from, a Justice’s Court.
    
    
      The cxemppn^ertyefrom execution, by (sm. 3fftUc/t’ 227,) is a perefü which Xthe owner alone vantage. orient,» not maintain this ground, takenPh°Pexey cution against the owner.
    Trespass, by Tousley against Mickles fy Matthews, for ta-an¿ carrying away, out of the possession of the plaintiff, 27 sheep. And on issue and trial, it appeared that these sheep were taken and sold, on an execution in favour'of Mic~.■ /c/es against one Whitney ; and that Matthews, the other de-fendant, was the Deputy Sheriff who made the levy and sa]e which was the trespass complained of. The plaintiff Tousley, was the mere naked bailee of Whitney, the defendant in the execution, having the sheep upon his farm, to ]zeep for Whitney. Judgment being given for the plaintiff one question was, whether Tousley could sustain the action, uPon ^le ground that any of the sheep were exempt from-execution, under the statute, (sess. 38, ch. 227.)
    
      I). W. Forman, for the plaintiff in error.
    JV. P. Randall, for the defendant.
   Curia.

It does not lie in the mouth of the defendant, to say that any of these sheep were exempt from execution. That is a privilege of which Whitney alone could avail himself.

Judgment reversed.  