MacK v. Plowden

OxnER, Justice.

This case is an outgrowth of a proceeding in claim and delivery instituted by J. C. Plowden against Rutledge Mack for the possession of certain cattle. That action came before us on an appeal by Plowden from an order vacating and setting aside a seizure made by a deputy sheriff on July 23, 1949. In an opinion this day filed, Plowden v. Mack, S. C. 60 S. E. (2d) 311, we held that the property was wrongfully seized.

The instant action was brought by Mack against Plow-den to recover damages for forcibly taking said property and for assaulting and arresting Mack when he refused to…