Carpenter v. Barry

The opinion of the court was delivered by

Fullerton, J.

On May 5, 1896, the respondent, as 'sheriff of Lewis county, levied upon two certain horses under an execution issued upon a judgment entered in *256favor of the appellant Barry in an action in which Barry was plaintiff and one Chamberlain was defendant, as the property of Chamberlain. The next day one of the horses was claimed by one Tramm, and the other by one Gabel, who severally demanded possession thereof from the sheriff. On the 8th of May following, the appellant Barry, as principal, with the other appellants as sureties, executed a…