Chatten v. Gerber

The appellant, sheriff of Elkhart county, was sued by the appellee for failure and refusal to turn over to him the proceeds of an execution sale.'

The question presented here relates to the action of the court in sustaining the appellee’s demurrer to the appellant’s answer.

The facts involved, briefly stated, were as follows:

On the 25th of August, 1886, one Plank, being the owner ■and holder of a judgment rendered in the court below for $1,224.75 against one Roach, caused execution to be issued thereon to the sheriff, the appellant.

On the 17th of November, 1886, one Straus, being the owner and…