These exceptions are frivolous. The officer’s return in the former action did not estop him to prove, and *583the court below has found the fact to be, that Rogers, the then defendant and now plaintiff, had no property in the piano. Denny v. Willard, 11 Pick. 519, 526. Roberts v. Wentworth, 5 Cush. 192. Exceptions overruled, with double costs.