30 Ind. 341 | Ind. | 1868
This was a suit on a bond to a sheriff to release property attached from the sheriff’s custody. The answer was to the effect that a judgment was recovered by a third person against the plaintiff in this suit, upon which Richman, the principal in the bond sued on, became replevin bail; and that one Brinkmycr also recovered a judgment against Richman; that executions were duly issued on said judgments after the levy of the attachment; that said executions were, by the direction and consent of the plaintiff, levied upon the attached property, and it was sold by the sheriff", wherefore it could not be returned. A demurrer to this answer was overruled, and upon that arises the only question presented.
The answer shows that the plaintiff" himself participated in the unauthorized act of the sheriff in seizing and selling
The judgment is affirmed, with costs.