McSweeney v. Carney

— Complaint in replevin. The appellee answered, that as sheriff of said county he had, on the 20th day of August, 1878, levied on the property, mentioned in the complaint, on execution in favor of Michael O’Neal against Dennis McSweeney, and advertised the same for sale on said writ, as the property of said Dennis. That on the 24th day of August, 1878, the plaintiff commenced an action of replevin in this (the Eush Circuit) Court against the defend*431ant and said O’Neal, and said property was taken from the possession of this defendant by virtue of the writ issued in .said replevin suit. That…