The morning call., 1890-11-17
A MULES RECORD.
Under Attachment for Twenty foul
Years.

Under Attachment for Twenty four
Years.
Hello. Bob. how's the mule9"
First rate
"Still alive and eating against the writ?'
"Yes, the mules all right and as lively as
when l first took charge of him."
We'll, l guess had better take another
receipt from you, Bob, to keep the Sheriff's
records straight" said Under Sheriff Long
in an official talk with K. T. Scott, who
CHANGED to drop into the Sheriff's office yes
terday to report that he was alive and that
he sill recognizes the red tape which Is at
tached 10 an old mule. Mr.. scott signed
the following paper:
/, Il. 7. Scott do hereby certify that OF the
two mules that were left IN my charge by
Thomas Cunningham, Sheriff of San Joaquin
formed belonged TO lie estate of Nj. Capurro, insoi-
vent, one died in The year 1878. The other is
sim at this dale alive and doing well, consider
ing age and The intrmities incident thereto, the
said mule being now TO my certain knowledge.
about thirty years old, nevertheless l am stu
holding the said mule subject TO he orders OF
Thomas Cunningham. Sheriff Il. l. SCOTT.
Dated Stockton, November IA, 1890.
The story of the mules is interesting to
show how property can be tied up III litiga-
ton. Somewhere about 1854 M. Capurro
was well-to-do business man OF this city,
owning a fine team which was engaged in
hauling freight to the mountains, and a
horse and dray which the owner used about
the city. Hard luck came upon the pioneer,
however, and along III 1866, when {. {. Ry-
nerson was Sheriff, an attachment was
issued against Mr.. Capurro's property and
the mule-team and horse and dray were
taken in charge by the officer.
The owner claimed a pair OF mules as
exempt property under law exempting a
pair OF animals for a teanlSter, and also set
up claim to his horse and dTay, which
fha nf Il. l,-.II han
commenced legal fight, and in a little
while the Stockton man was forced into in
solvency under the United States laws. lie
finally wou in his fight for the horse and
dray, but the pair of mules claimed as eX-
empt for n teamster were led up in lltiga-
tion which has never been settled.
The Sheriff then in Office held the animals
under writ of attachment, and when he
went out of Office in 1867 the mules were de-
llvered TO his successor, Freeman Mills.
Two years later Sheriff Mills gave the ami
mails TO the next Sheriff. George c. Castle,
and in 1872, when Sheriff Cunningham went
into office. the mules were given over with
the books and records and property under
attachment.
Sheriff Cunningham placed the mules in
charge OF r. L. Scott, as the Sheriff
keeper. and he kept the animals together
until one died in 1878. The other animal Is
fat and healthy. and promises 10 live TO the
end OF the century, but not to the close OF
the litigation.
Allowing the Sheriff's keeper So per day,
which is the limit fixed by law Tor the pay
of keepers, the surviving mule is charged
with SIG, $50 costs. If the mule is charged
with ranch fees at 81 er month the bill
against the animal struggling to outlive the
courts is S576. Adding Sl44 for ranch fees,
chargeable against the one that grew tired
Of the laws delays and died, would make
the bill for ranchiDg to be collected out of
the only prOpeIt y remaining, the lone mule,
S720. Stockton independent, Nov. 18th.