This section contains the nature of the case and procedural background.

Gordon (P) purchased furniture from B. P leased a furnished house to A with the furniture he bought from B. Harper (D), the sheriff, seized the furniture in execution of a judgment against B. D then sold the furniture. At the time of trial, A was still in possession of the house because the lease had not yet expired. P, even though he was not living in the house at the time, the furniture was removed, sued in trover to recover the value of the furniture.

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