Lucas v. Belcher

This is a detinue suit b,egun by appellee' (mortgagee) against appellant (mortgagor) by summons and complaint filed on March 8, 1922. At the time of filing summons and complaint, appellee (plaintiff in the court below) made affidavit, executed bond, and procured issuance of writ, in purported compliance with the mode prescribed by statute for the institution and prosecution of such proceedings.

Summons was served by the sheriff upon appellant and the writ in detinue executed by taking into possession by the sheriff of the property sued for, on March 11, 1922. Thereafter, still in purported…