Florance v. Wilson

Chiee Justice Steele

delivered the opinion of the court:

The sheriff of Weld county having levied upon the interest of O. C. Williams in certain property under an execution against O. C. Williams, Thomas H. Wilson, claiming to be the owner of a chattel mortgage upon the same property from C. A. Williams, mortgagee, entitled under the terms of his mortgage to immediate possession thereof, brought this action in replevin against the sheriff, and the property was delivered by the coroner to the plaintiff, the appellee here.

In the answer the sheriff set up the judgment and execution, and alleged…