McCorcle v. Morton

This action was brought in the district court by R. T. Morton for damages growing out of the wrongful levy of a writ of execution by J. D. McCorcle, sheriff of Tillman county, Okla. The writ was directed against J. E. Yehmeyer, by virtue of a judgment obtained against him in favor of C. L. Smart and W. C. Johnson. At the time of the levy, which was about to be made on growing wheat, the plaintiff, Morton, claimed the wheat as his property, and the sheriff, through Roy Moss, undersheriff, demanded of the execution creditors an indemnifying bond, which was given, signed by themselves, W. O.…