Clouston v. Gray

The opinion of the court was delivered by

Valentine, J.:

This was an action of replevin, brought in the district court of Ness county on March 7, 1888, by S. F. Gray against J. W. Clouston, sheriff of said county, to recover certain personal property previously levied on by Clouston under an execution issued in an action wherein Leander Rokes was the judgment creditor and James Gray was the judgment debtor. The property was levied on as the property of James Gray. The defendant answered on March 9, 1888, by filing a general denial. In May, 1888, the case came up regularly for trial, but was…