C. H. Jones & Bro. v. Fox

The Chief-Justice delivered the opinion of the court;

This is a case in which a distress warrant was issued by appellants to collect money due to them on express contract for rent of a warehouse. The warrant was levied on goods in the house, and appellee interposed a claim to the goods under the statute. At the trial of the claim the plaintiffs in the warrant, appellants, were put first to proof of their right to subject the goods distrained to their debt. They assign this for error, saying correctly that in such a ease the claimant, under the rule in this State, must first be put to proof of…