Clark v. Dreyer

This is probably the final chapter in the history of a litigation which commenced in 1891. Wolaver, the sheriff of Weld county, seized some property belonging to one Schmidt. After he had taken possession, Eliza Schmidt, the judgment debtor’s wife, brought suit in replevin for the property against Wolaver, and the judgment plaintiff, Dreyer, claiming it under a chattel mortgage which had been executed to secure a debt. The property was taken under the writ and delivered to Mrs. Schmidt. At the time process was sued out, Clark and Koch executed an undertaking as provided by statute, which in…