Burt v. Crawford

Atkinson, Justice.

In February, 1931, a landlord caused to be issued by a justice of the peace' a distress warrant for the sum of one hundred and seventy-five dollars for rent due. On the following day the sheriff in virtue of the warrant levied on described personal property. On the day of the levy the tenant and a surety executed a bond payable to the sheriff, in double the amount of the debt, conditioned to produce the property at the time and place of sale. Several days later the tenant made- oath by affidavit styled “a counter-affidavit and recoupment.” The papers were returned to the…