Tillson v. Downing

Irvine, C.

This action was replevin by Tillson and Osborn against the sheriff of Buffalo county, the property in controversy *550being certain machinery and other chattels appertaining to a brick yard. The plaintiffs,claimed title through a sale made under foreclosure of a chattel mortgage. The sheriff claimed under a Writ of attachment by virtue of which he had seized the property in question as the property of the mortgagor. The attaching creditor was substituted for th'e sheriff as defendant in the action. The controversy turned upon the validity of the mortgage. There was a verdict and…