Stimson's Ex'x v. Tharp

Opinion of the Court by

Stanley, Commissioner

Affirming in part and reversing in part.

D. C. Stimson sued Luther Tharp to recover possession of a team of mules, harness and a wagon, claiming that he had let the defendant have them under an option to buy which had not been exercised according to its terms. The plaintiff executed bond and obtained the property by a writ of-delivery. Section 180 et seq., Civil Code of Practice. Stimson died and the case was revived by his executrix. Tharp pleaded that he had bought, the property from Stimson for $425, and had paid him through the retention of money…