Payton v. Wheeler

It appears from the record that Wheeler had been accused of taking certain money from the person of Payton. Parker, the sheriff, arrested Wheeler and found some money upon his person, and took possession of it. Payton brought an action against Wheeler and the sheriff for money had and received. After judgment by the magistrate in favor of Payton, and on appeal, Wheeler, by his attorney, perfected his plea by alleging that the money which had been taken from him by the sheriff was the property of his wife, placed in his hands by her instructions, to pay certain demands against her. The sheriff…