Davis v. Crow

— Crow, assignee of the sheriff of Warren county, sued Davis and his sureties in debt for the penalty of a replevin-bond, given in an action of replevin in which Davis was plaintiff and Crow defendant. The defendants craved oyer of the bond and condition, and spread them upon the record. The condition was in the usual form, for the prosecution of the action of replevin with effect without delay, and for a return of the property replevied should a return be awarded. The defendants pleaded three jileas; 1st, covenants performed generally; 2d, payment of the penalty of the bond; and 3d, that the…