Brown v. Parker

This was an action of debt'founded on a replevin-bond, commenced by Parlter, assignee of the, sheriff of Tippecanoe county, against Brown, the plaintiff in this Court, and one Lorenzo 'Lively. The condition of the bond, as set out on oyer, was, that if Lively should prosecute a certain action of replevin, commenced by him against Parker, *292with effect and without delay, and duly return the cattle mentioned in the condition of the-bond, if a return should be awarded by the Court, the bond should be void, &c.

The defendant pleaded five pleas; 1. That Lively did prosecute his action of replevin…