Wilde v. Rawles

Richmond, C.

This was an action to recover certain goods and chattels which had been levied upon by appellee, sheriff of Ouray county, as the property of one Eva C. Meyer, but which appellant claimed to be the owner of. Among other defenses, defendant claimed that, the property being held by virtue of an attachment writ issued out of the county court of Arapahoe county, the property was in the custody of the law, and therefore the plaintiff could not institute suit in another court of concurrent jurisdiction for the possession of the property. To this defense, known as the “ fourth defense,”…