Shepard v. Veal

S. L. Yeal brought an action of bail-trover against D. E. Shepard, and gave bond and took possession of the property in accordance with the Civil Code, § 5152. On the trial he was unable to prove title, and voluntarily dismissed his suit. Whereupon Shepard elected to take a money verdict for the value of the property as stated in the bond, and verdict and judgment were rendered accordingly. No exception was taken by the plaintiff. Thereafter an execution based upon the judgment was levied on land of the plaintiff. He filed the present suit to enjoin the sale, and for other purposes, only…