Polleys v. Swope

This was a proceeding by Swope, as sheriff of Decatur county, by notice and motion, to obtain a judgment against Polleys & Butler, who were the defendants below, for the amount of a bid alleged to have been made by them at a sheriff’s sale, with 10 per cent, damages, under the provisions of s. 429, c. 40, R. S. 1843.

Polleys & Butler appeared and filed several pleas, to several of which demurrers were sustained. The plaintiffs here contend that sustaining the' demurrers to their pleas was erroneous. The record shows that the defendants filed amended pleas after the demurrers were sustained, in…