McClellan v. Gaston

The opinion of the court was delivered by

Dunbar, J.

On the 5th of January, 1897, A. Perry instituted an action against the respondent McClellan, for the purpose of foreclosing a chattel mortgage given on a certain stock of goods. The summons and complaint in said action were placed in the hands of George Gaston, sheriff of Thurston county, Washington, for service. The said Gaston took possession of the stock of goods which had been mortgaged. The question of whether the possession was peaceable or forcible, is a question at issue in this case. This is an action against sheriff Gaston for the…