McDonald v. Daniels

The opinion of the court was delivered by

Mason, J.:

William Daniels brought an action against D. J. McDonald to recover the possession of personal property described as a grading outfit, which *389the latter had caused to be seized upon an attachment against Ben Daniels, the father of William, the sheriff being joined as a defendant. The plaintiff recovered judgment and the defendants prosecute error.

The petition was drawn in general terms, the only allegation with respect to the title of the property being that the plaintiff was its owner. The preliminary statement made in his behalf to the jury,…