Plowden v. MacK

Oxner, Justice.

This is an action in claim and delivery for possession of two cows and two young bulls over which plaintiff claims to hold a past due mortgage executed by the defendant. It comes before us on an appeal by plaintiff from an order vacating and setting aside a seizure of the property and holding that all proceedings taken were null and void. We shall refer to the parties as they appeared in the Court below.

On Saturday, July 23, 1949, a deputy sheriff served on the defendant a complaint, affidavit and bond and took possession of the cattle. Notice was then given that pursuant to…