Stewart ex rel. Ashley v. Ball's Administrator

This was a suit brought by the appellant to the use of Ashley, trustee of Mrs. Grantham, on a statutory bond given by the respondents to the appellant, as sheriff of St. Charles county, to indemnify him for seizing and selling under an execution of Ball’s administrator against Talliferro P. Grantham, a certain brown mare claimed by Ashley, as his property, in trust for the separate use of Mrs. Grantham, wife of the execution debtor. The action was to recover the value of the mare. The only issue raised by the pleadings was as to the ownership of the property.

On the trial the appellant, by way…