Rudolph v. Davis

The attached property ('which included “120 mixed feeding hogs”) had been left by the sheriff in defendant Cien Davis’ custody pending trial of the case. Nearly four months later (December 21, 1944) plaintiff caused to be served .on defendants a so-called “affidavit” suggesting that the keeping of the hogs “may now be attended with such expense ás to depreciate the amount of proceeds and that disposition should be made of the same by sale thereof. ’ ’

Pursuant to this suggestion defendants’ attorney talked with the sheriff about a proposed arrangement “whereby Mr. Davis could take the hogs to…