Kingsbury v. Vance ex rel. Tousey

Stuart J.

This was an action of debt on a delivery bond, conditioned to deliver certain property levied on, at the time and place of sale, &c.

General demurrer to the declaration overruled, and judgment for Vance.

Several objections are taken by the plaintiffs in error. One is, that the declaration does not aver a demand of the property at the time and place, &c. In this the plaintiffs in error seem to be mistaken. By the terms of the bond, the delivery was to be at the store of A. Wallace, in Indianapolis, on the 20th day of May, 1851. The declaration avers that the sheriff was present at, &c.,…