Speed Oil Company v. Aldredge

Bell, Justice.

Concerning defense against a distress warrant, the Code, § 61-404, provides as follows: “The party dis-trained may in all cases replevy the property so distrained, by making oath that the sum or some part thereof distrained for is not due, and giving security for the eventual condemnation-money; and in such case the levying officer shall return the same to the court having cognizance thereof, which shall be tried by a jury as provided for in the trial of claims: Provided, that when the levying officer shall retain possession of the property of the tenant levied on. it shall not…