Brown v. . Mitchell

(SMITH, C. J., dissented.) The defendant is the sheriff of Hertford County, and the plaintiff brings suit on his bond to recover damages, alleging that defendant, having an execution in the case of Wynne v. Brown (the plaintiff in this action), wrongfully took possession of certain goods and chattels of Elizabeth Brown (the feme plaintiff in this action) and converted the same to his own use; and that the property, at the time of the seizure and conversion, was worth $750

The defendant denied the alleged conversion, and for further (349) defense, says that the sale of said property by Frank…