Collins v. State ex rel. Hutchinson

Reinhard, J. —

This action -was brought by the State, on the relation of Hutchinson, Price and Green, against the appellant Collins, a constable of Rush county, and the appellant Draper, as his surety on his official bond, to recover damages.

The appellee’s relators had a chattel mortgage on certain goods belonging to one William T. Spradling. Collins, as constable, had in his hands an execution against Spradling on a judgment for $100 in favor of one Jacob Beckner, which execution was junior to the mortgage. He sold the property on the execution, and, without first requiring the purchaser to…