Boyd v. Crews

This was an action by a deputy sheriff, as the levying officer, for the use or benefit of the plaintiff in a mortgage fi. fa. on a forthcoming ' bond given in a claim case, the property being a mule. The plaintiff in fi. fa. contended upon the trial; and offered evidence tending to show, that although, after the property had been found subject, the claimant delivered a certain mule to the sheriff at the time and place of sale as designated in the advertisement, the mule so delivered was not the one levied upon or claimed and for the forthcoming of which the claim bond had been given. The…