Hamilton v. DuPre

A distress warrant in favor of Mrs. DuPre was levied upon certain personal property, including a horse, belonging to Mrs. Hamilton. Being unable to give security for the eventual condemnation-money, the latter filed an equitable petition against Mrs. DuPre and the constable who made the levy, praying that he be restrained from selling the property. In their answer the defendants prayed for a receiver, and the court appointed the constable and directed him to sell the horse after advertising as for constables’ sales. The animal was not, however, sold under this order, but in pursuance of an…