McKay v. Ross

The defendant in error being deputy sheriff and having an execution in his hands in favor of one Ballentine and against Hugh McKay, a son of plaintiff in error, seized thereon as Hugh McKay’s property twenty-six bags of wheat which were found in his father’s barn.

The plaintiff in error claimed the wheat and brought this suit in trespass before a justice for the value, and after judgment the cause was taken to the circuit court by appeal where the jury found the wheat was the property of Hugh, the execution debtor, and returned a verdict for Boss. The plaintiff then brought error.

The only…