
    Thomas Murray v. Joseph W. Beck.
    If goods be taken in execution and replevied by a third person, the Court, upon the return of the writ of replevin, will order a return of the property upon the usual retomo-habendo bond.
    Replevin.
    
      Mr. Morfit, for the defendant,
    upon the return of the writ, moved for a return of the property. ' The defendant was a constable, and had levied an execution on a hackney-coach and horses, in the possession, and as the property, of Michael Murray. His brother Thomas (the plaintiff,) sued out this writ of replevin, claiming title to the property under a bill of sale from Michael, which was, in fact) executed three days after the fi. fa. carne to the hands of the defendant, but was ante-dated fifteen days, with the confessed intention to avoid this execution and to secure a debt due from Michael to Thomas.
   The Court

ordered a return of the property upon the usual reiorno’habendo bond. Morsell, J., contra, being of opinion that the Maryland Act of 1785, c. 80, § 14, did not apply, nor authorize a return in such a ease, where an officer, acting under an execution, is defendant in replevin. Ideo quaere.  