Grubb v. McCoy

JUDGE DUVALL

delivered the opinion of the court:

Dent and Pomeroy sued out a distress warrant for three hundred dollars, due by Thomerson, their tenant. Grubb, a constable of Jefferson county, levied the warrant upon five horses belonging to McCoy and Robinson, who were the under tenants of Thomerson, and were in possession of the leased premises at the time the rent fell due, and at the time of the levy.

After the levy had been made, McCoy and Robinson, with Lindsay as their surety, executed a bond to the plaintiffs in the warrant, in which, after reciting that “ they claimed said horses as…