Sears v. Gunter

The defendant in error, as the claimant of certain property levied upon by the execution of tbe plaintiff in error, made affidavit and entered into bond, for tbe trial of tbe right of property, as required by statute. Tbe execution was returnable to tbe December term (1859) of tbe Circuit Court of De Soto county; but tbe execution was not returned, and tbe affidavit and bond filed, by tbe sheriff, until tbe 10th of December,' on which day tbe court adjourned, in consequence of which no issue was made up and tendered by tbe plaintiff in execution at that term. On tbe 10th of February, 1860, in…