Ward v. Barnes

Atkinson, Justice.

Mrs. Ward applied to the superior court for a rule directing the sheriff to deliver to her certain personal property which had been set apart to her for a year’s support. The answer of the sheriff averred that the property was held by him under a fi. fa. issued under proceedings to foreclose a mortgage on the property in question made by Mrs. Ward’s deceased husband; that he had paid expenses of storage of the same, for which he claimed a lien upon the property, and declined to deliver the property until the amount of such claim should be paid. The court below sustained this…