Tooz v. Tooz

Nuessle, Ch. J.

This action was brought pursuant to the provisions of Chapter 32-07, RCND 1943, to recover possession of personal property. The sheriff took possession of the property. Section 32-0703, RCND 1943. The defendant desired to repossess certain articles of it, to-wit: a tractor, a mower, a corn cultivator, and a truck, and having given a sufficient undertaking as required by Section 32-0706, RCND 1943, procured a redelivery thereof. Thereafter the plaintiff filed an amended complaint setting forth this action on the part of the defendant, alleging that the plaintiff as the…