Le Barron v. Taylor
Supreme Court of Iowa
Appeal from, Page Ovreuit Gov/rt. Action upon a replevin bond. The plaintiff as constable received two execution's, issued upon payments in' favor of' Mentzer Bros., against J. IL and Rachel Taylor, rendered by a justice of the peace. Afterward, and before levy, he received as deputy sheriff an execution issued upon a judgment in favor of one-Dobson, against J. O. Taylor and Joseph Weir, rendered for $261.00, in the Circuit Court.
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Appeal from, Page Ovreuit Gov/rt. Action upon a replevin bond. The plaintiff as constable received two execution's, issued upon payments in' favor of' Mentzer Bros., against J. IL and Rachel Taylor, rendered by a justice of the peace. Afterward, and before levy, he received as deputy sheriff an execution issued upon a judgment in favor of one-Dobson, against J. O. Taylor and Joseph Weir, rendered for $261.00, in the Circuit Court. While he held the three executions he levied upon certain personal property. The' defendant Rachel Taylor replevied the property, giving a bond with the defendant…
1Opinion of the Court
Adams, Ch. J.
The petition does not distinctly aver the levy of-the execution upon the property. It avers the rcceij>t by plaintiff of the three executions, the last, the Dobson execution, being received the 5th day of December, 1876. The petition then contains an averment which is in these words: “ On said day he levied upon the following described property: one black horse, one iron gray horse, and one mule, two sets of harness, two Bain wagons, as the property of said defendants, and advertised the same for sale.”
He had levied upon and advertised the above described property as constable.…
2Cited by1 opinion
- Flannigan v. Althouse, Wheeler & Co.Supreme Court of Iowa · 1881