An officer justified on trial of an action of trover under an execution issued by a justice of tbe peace more than thirty days before the levy. The court below charged that it would not protect him.

Heiskeli for' the plaintiff below, cited Clingman v. Barrett, 6 Hum., 21, and Rogers v. Hunter, MS., Knoxville, 1849. [In a footnote to this case as reported in Thomp. Cas., p. 60, it is said that this so^-called MS. opinion was oral dicta by McKinney, Judge.]

Judgment affirmed.