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sold to the Deft. as shown by the proof as public property, the Plaintiff cannot recover.

2nd. That the seizure was legal, the Deft cannot be guilty of unlawful detain holding under the authority of those making it.

3rd. that if the Jury believes that Osborn bought the boat in the manner shown by the evidence, then the Pltf. cannot recover in no event until the boat was demanded of him, for his possession of the Boat would not be an unlawful detention, until James made a demand for it of Osborne. and Osborne refused to deliver it up.

If the Jury believed that the boat was held as public property and sold as such as shown by the proof, then the purchaser cannot be liable to and action of Detained.