International Harvester Co. of America v. Caldwell

Tbis action was begun on 4 June, 1929. On 3 June, 1929, the defendant, H. W. Caldwell, sheriff of Cabarrus County, by virtue of an execution in his hands, issued on a judgment in favor of the defendant, Reid Motor Company, and against one Zeb Cruse, had levied upon and taken into his possession the truck described in the complaint. At the date of said levy and seizure, the truck was in the possession of the said Zeb Cruse, in the town of Concord, N. C.

On the trial in the Superior Court, plaintiff contended that at the date of its seizure by the said sheriff, plaintiff was the owner of said…