Allen v. Allen

This was an action by a constable upon a forthcoming bond. The defendants pleaded, among other things, that they could not produce the property, because, .before the day of sale arrived, it had been seized by the sheriff under liens which were superior in dignity to the executions under which the property had been first levied upon, and on account of which the forthcoming bond had been given.. The court struck the part of the answer above referred to, and entered judgment against the defendants upon an agreed statement of facts. They excepted to both rulings. It seems to have been conceded…