Merricks v. Davis

April 18, 1871, a judgment was rendered in favor of appellee, against A. C. Mason, D. Mason and B. Lomax, by a police magistrate, for $421.76, besides costs, upon which execution was issued September 5, 1871, and levied on a quantity of corn, being at the time on a farm occupied by Lomax, and as his property.

Appellant, claifhi-ng the corn as his property, gave notice to the constable, under the statute, for trial of right of property, and trial was had before the police magistrate, where the finding was against the claimant, who appealed to the circuit court of Knox county.

On the trial there,…