Terry, C. J., concurring.

The plaintiff recovered judgment below, in trespass, for the levy by the defendant as Sheriff, of certain personal property of which plaintiff had possession by virtue of a chattel mortgage executed by Mitchell and Nunes to him.

The case is presented under a totally different state of facts from that shown by the record when the case was before this Court heretofore.

There is no error in the record, and judgment is affirmed.