Crump v. . Love

If personal property is seized in a claim and delivery proceeding and final judgment rendered, and thereupon the owner of the property pays the judgment and the property is restored to him, can such owner maintain an action for damages for the impairment or deterioration of the property during the time it was so held by the adverse party?

When property is taken by a party in claim and delivery proceedings, he thereupon becomes practically an insurer under the terms of the bond required in such cases. Randolph v. McGowans, 174 N. C., 203; Motor Co. v. Sands, 186 N. C., 732. Therefore, the party…