McClellan v. Pyeatt
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. This vas an issue as to the right to property levied on by Henry C. Pyeatt and .James C. Kirby under an execution against William P. McClellan, and claimed by Charles M. McClellan. The issue was found for plaintiffs, and judgment rendered, against Charles M. McClellan and D. W. Lipe, the surety on his bond, and they bring error.
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In Error to the United States Court in the Indian Territory. This vas an issue as to the right to property levied on by Henry C. Pyeatt and .James C. Kirby under an execution against William P. McClellan, and claimed by Charles M. McClellan. The issue was found for plaintiffs, and judgment rendered, against Charles M. McClellan and D. W. Lipe, the surety on his bond, and they bring error. For .decision'oil1 motion to dismiss the writ'of error and vacate the su-persedeas, see'49 Fed. Rep. 259. ’
1Opinion of the Court
Caldwell, Circuit Judge.
The defendants, in error on the 3d day of October, 1889, recovered a judgment in'the United States court for the Indian Territory against William P. McClellan for the sum of $7,598.07, upon which execution was issued on the next day, and was levied by the marshal on the 5th day of October on certain cattle and horses, as the property of the defendant in the execution. The property so levied upon was claimed by Charles M. McClellan, who executed a bond conditioned as required by section 3042, Mansf. Dig. Ark., with the defendant Lipe as his surety. Thereupon the…
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