Fish v. Nethercutt

The.opinion of the court was delivered by

Hoyt, C. J.

Defendant Niñear was sheriff of Spokane county. Defendants Nethercutt were husband and wife and the owners of a mortgage made by one Emery Fish. The other defendants were sureties upon the official bond of said sheriff. The mortgage held by the Nethercutts was placed in the hands of the sheriff for foreclosure, and by virtue thereof the property in dispute was taken into his possession as that of the mortgagor Emery Fish. The plaintiff, the wife of said Emery Fish, brought this action to recover damages for the conversion of the property,…