Schraeder v. Mitchell

Hulda Sophie Mitchell, defendant in error, had judgment against Schraeder and Paddock for the possession of eig'ht cows and they bring error. Schraeder was sheriff and took the cattle on an execution against Joseph B. Mitchell, the husband of the plaintiff. Paddock apparently was made a special deputy to take the cattle and custodian *322to hold. them. He rounded them up on the range for the sheriff, and held them for him.

Three defenses were pleaded: First, denial of plaintiff’s ownership; second, ownership in judgment debtor, Joseph B. Mitchell; third, estoppel by conduct.

As to the first, we are…