Eaton State Bank v. Flesher

Mb. Presiding Justice Grow

delivered the opinion of the court.

Suit in replevin was begun by appellee to recover from Flesher as sheriff certain property seized by him under an execution upon a judgment against T. F. Curry. Declaration was in the cepit and detinet with a count in trover. Pleas were filed denying the taking and the detention. A special plea was filed averring that a judgment was rendered in favor of the First National Bank of Moweaqua and against T. F. Curry for the sum of $1,686.85, and for costs and that an execution was issued upon said judgment and delivered to the defendant…