Brookfield v. Neely

Defendant, E. F. Neely, a judgment creditor of Joshua S. Brookfield, issued execution on his judgment under which the sheriff seized two mules. Pending the sale of the property seized, James S. Brookfield, son of Joshua S. Brookfield, made an affidavit of ownership 'which was filed with the sheriff who required Neely to give him an indemnity bond which was transferred by the sheriff to ‘James S. Brookfield (see sections 3579, 3580, Rev. St.).

In the present action plaintiff sues defendant on the bond to recover the value of the mules, which is alleged to have been $225, and for damages…