Miller v. Bryant

SAMFORD, Judge.

The action in this case was begun by a summons and complaint, without bond, for the recovery of certain specific property claimed in the complaint as the property of plaintiff. The two original defendants in answer to the complaint as filed, filed pleas of disclaimer of possession of the property sued for at the time of the commencement of the suit. These pleas were sworn to and filed October 5, 1932, and on October 7, 1932, motion was made by defendants that the jury ascertain the amount due ón the mortgage debt.

On October 17, 1932, N. C. Miller, who was not a party to the…