Per Curiam.
The defendant came lawfully by the horse, by the purchase at the constable’s sale. No demand was made of him before the action was commenced, and so there was no conversion. The sale of the horse by the defendant after the suit was brought, cannot avail, as evidence of a conversion. The rights of the parties must be determined as they stood at the commencement of the suit. (3 Johns. Rep. 43. 5 Johns. Rep. 54.)
Judgment of nonsuit.