Thornton v. Head

*205Opinion op the Court by

Judge Nunn

Affirming.

This action was instituted and an order of delivery-obtained by appellants, W. A. & T. H. Thornton, to recover of appellees' one hundred head of sheep, which had been levied upon, to satisfy taxes assessed against appellants by the trustees of graded common school district No. 37 in Marion county. It is alleged in the petition that the levy was made by appellee O. G. Head as collector of the school tax for that district; that the levy was illegal as they did not owe the taxes assessed against them as the property sought to be taxed was not within the…