Johnson v. Hill

The plaintiff brought his action under tbe statute (Code 1923, § 7389), claiming certain personal property. Preliminary bond was executed, a writ issued, and the property described was seized by the sheriff. The defendant failed to execute replevin bond, and after five days the plaintiff executed bond as provided by section 7391 of the Code of 1923, and the.property described therein was delivered to him.

On the trial the defendant filed his plea of non detinet and a suggestion, under section 7400 of the Code of 1923, that the suit was based upon a mortgage, and asked that the mortgage debt be…