Haubrich v. Heaney

Action for the conversion of an auto truck. There was a verdict for the plaintiff. The defendant appeals from the order denying his motion for a new trial.

The defendant, sheriff of Renville county, took the auto truck from the possession of the plaintiff against his protest. The record is imperfect, but we assume that it was taken by virtue of an execution against one Baumgardner. It was not in his possession. Upon demand the defendant refused to return it and this action was commenced.

The statute provides that if property taken on execution is claimed by one other than the execution…