167 Ind. 528 | Ind. | 1906
It appears from the record that in 1901 appellees Joseph R. Morgan and Louis J. Morgan commenced an action in the Marion Circuit Court against appellant to recover the possession of certain promissory notes. A replevin bond was executed by Selenia J. Morgan as surety, the plaintiffs in said action not joining therein. The notes were delivered to said plaintiffs by the sheriff. Appellant filed a general denial to the complaint, and a trial of 'said cause resulted in a verdict in'favor of appellant, the defendant therein, and that said property was of the value of $100. Judgment was rendered upon said verdict in favor of the appellant, the defendant in said action, for the return of said promissory notes, and for $100, the value thereof, “in case return cannot be had,” and for cost. Said judgment was affirmed on appeal. Morgan v. Jackson (1904), 32 Ind. App. 169. After the judgment was affirmed, appellant refused to accept the promissory notes when tendered, and Morgan and Morgan thereupon paid and satisfied the judgment, interest, and cost. Appellant afterwards brought this action on the replevin bond to re
Judgment affirmed.