Be it remembered that on the trial of this cause, the defendant proved that he bought the property in question at a constable’s sale upon an execution against the property of Marshall Ferguson and Jesse Lukins— He then offered to prove that when the execution was levied upon the property in question the plaintiff in this cause, notified the consta[ble] that he claimed said property, and wished to have his right thereto tried according to law; that in pursuance thereof a trial of the right of said property was had, at which trial the plaintiff attended, and prossecuted his claim to said property by the introduction of witnesses &c.[etc.] and that the jury found, by their verdict, the property to be in Marshall Ferguson, one of the defendants in said execution— To make this proof, the defendant offered an imperfect record of the said trial of the right of property, made by the justice of the Peace before whom said trial was had, and then offered to suply the imperfection of said record by parol testimony—3 The court decided that parol testimony was inadmissible for that purpose, and thereupon the whole of the evidence in relation to the said trial of the right of property was excluded from the jury— To this opinion of the court the defendant excepts; and prays that this his bill of exception may be signed sealed and made a part of the record in the cause—