McNiel v. Farneman

This was an action to recover the possession of certain personal property, commenced by the appellee, as -treasurer of Carroll county, against McNiel, who was a constable, and certain others. The material question in the case grew out of the facts that. McNiel, as constable, by virtue of certain executions in his hands, issued by a justice of the peace, had levied on the property in question, and the treasurer, by virtue of his tax duplicate and precept, also seized the same property for taxes due from the execution defendants; and the question was, which was the paramount lien on the…