Saunders v. Jordan
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. James M. ARNOLD, Judge. This was replevin, by J. W. Saunders and others against C. R. Jordan, for a county warrant, which was seized; and, the defendant declining, the plaintiffs’gave bond and took the warrant.
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Error to the Circuit Court of Clay County. Hon. James M. ARNOLD, Judge. This was replevin, by J. W. Saunders and others against C. R. Jordan, for a county warrant, which was seized; and, the defendant declining, the plaintiffs’gave bond and took the warrant. At the return term the plaintiffs filed their declaration, alleging that “ the said defendant heretofore, to wit, on the 8th day of June, 1876, in Clay County, unlawfully detained certain goods and chattels of said plaintiffs, to wit, one warrant, No. 139, for |348, payable to A. A. Shattuek, or order, out of the judiciary fund of Clay…
1Opinion of the CourtCampbell, J.
It is much to be regretted that it has repeatedly been decided by this court that replevin may be brought against a sheriff who has seized goods and chattels under execution or attachment. It is unfortunate that third persons claiming property seized under process have not been confined to the interposition of a claim as provided by the statute for the trial *430of the right of property. Replevin against a sheriff for goods and chattels levied under execution is, in effect, a mere trial of the right of property; and, since it is conceded that a claim may be interposed and a trial of the right of…
2Cases cited1 opinion
- Swain v. AlcornMississippi Supreme Court · 1874
3Cited by1 opinion
- Johnson v. SandersMississippi Supreme Court · 1927