Indiana Supreme Court May 15, 1873 (Lindley v. Kelley)

Buskirk, J.

It becomes necessary for us to dispose of a preliminary question made by counsel for appellee, before we pass upon the merits of the controversy.

This was an action of replevin by the appellee against the appellant as sheriff, to try the rights of property in certain growing corn which had been levied upon as the property of James O’Brien by the sheriff) and which was claimed by the