Penney v. Stout

ANDERSON, Chief Justice.

This is a claim suit between the appellant as claimant and the appellee as the judgment plaintiff to try the title to certain property levied upon under execution.

The trial was by the judge without a jury and the judgment was in favor of the plaintiff to the effect that the property levied on was subject to the plaintiff’s execution. As to this finding, the appellant, in brief and argument, does not complain. . The trial court, however, awarded the plaintiff $400 damages, and this is the ruling as to which the appellant complains.

As we understand, section 10375 of the…