Lucas v. Beebe

It appears that appellee, as a constable of McLean county, levied a distress warrant on some furs, as the property of one Green, and had received an execution from a justice of the peace for their sale; but Benjamin L. Lucas claimed the property, and a trial of his right thereto was had before a justice of the peace, resulting in a judgment against him. He thereupon appealed to the circuit court, and gave to the constable a delivery bond for the return of the property. The appeal was dismissed, and the constable demanded the property, or the payment of the execution under which it was held…