The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-01-07
HELD THE MULE.
A Legal Attachment Which Lasted Eight
Years.

oen Years.
"Hcllo. Bob, how's tho mule?"
"First rate"
'Still alivo and eating against tho
writ?"
Yes, the mules all right, and as 1.-Two
ly as when first took charge of him.
We'll, | guess had bctter tallo an
other receipt from you, Bob, to keep the
shcrtf's records Straight" said Under
Shorir Long, in an official talk with Il.
II. Scott, who Glanced to drop into tho
shorifTs Office recently to report that ho
was alivo and that hc still recognizes
tho rcd tape which is attached to an old
mule. MIR. Scott signed the following
paper:
I, #. Scott, do hereby certify that OF tho
two mules that were Lett in uly charge by
Thomas Cunningham. sheriff OF San Joaquin
County, in iS72, and which mules 1 WAS In
formed belonged to tho estate OF N. Capurro.
insolvcnt, ono died In tho year 1878 Tho othor
Is STILL ct this date. allvo and doing we'll. con-
sidcrng age and tho innrInitics incident thcro
to, tho said mulo being row. to my certain
knowledge about thirty years Old; ncverthc
less am still holding tho said mule subject TO
tho orders OF Thomas Cunningham, sheriff
STOCKTON. Nov. II. 1890. l. II. Scorr
Tho story of the mules. says the Stock
ton Independent. is interesting to show
how property can DO tied up in litiga-
ton. Somewhere about 1864 NJ. CapuI no
was wellto-do business man of this
city, owning fine team, which was on
gagged in hauling freight to tho mount
ains and n horse and dray, which tho
owner used about tho city. Hard luck
came upon the pioneer, however, and
along in 1866, when C. c. Rynorson was
cl
against Mr.. Capurro's property, and the
mulo team and horse and dray werc
taken in charge by tho officer.
The owner clailnol pair Of mules as
exempt property under 4 law cxemptng
pair OF animals for tcarstor, and
also SGT up :. claim TO his horse and draw,
which wcro tho means OF his livelihood
Then commenced a legal fight. and in u
little while tho Stockton man was forced
into insolvency under tho United States
laws. llo finally won in his fight for
tho horse and dray, but the pair of mules
claimed as exempt for IL tcamstcr were
tied up in litigation, which has mover
been settled.
Tho sheriff then IN Office held tho ami
mails under n writ of attachment, and
Hhcn he went out of Office in 1867 tho
mules wcrc delivered to his successor,
Freeman Mills Two years later Shcr-
iii nj lis gave tho animals to tho noxt
sheriff, George G. Castle, and in 1872,
when Sheriff Cunningham won't into
oihco, the mules were given over with
tho books and records and property un-
dor attachment.
Sheriff Cunningham placed the mules
in the charge Of Il. y. Scott, rs tho sher-
IFS, and no kept tho animals together
until one died in 1878. Tho other ami
NAL is fat and healthy, and promises to
live to the end of the century. but not to
the close of tho litigation.
Allowing tho sherif's keeper throo
dollars per day. which is tho limit fixed
by law for the pay of keepers, tho sur
viying mulo is charged with twcnty-six
thousand two hundred and oight y dollars
costs. If the mulc is charged with
ranch foes at two dollars per month tho
bill against the animal struggling to
outlivo the courts is five hundred and
snvcnty-six dollars. Adding ono hun
dred and forty-rour for ranch foes,
charGeablo against tho one that grew
tired OF the laws delay and died, would
mako tho bill for ranching TO be col
lcctod out OF tho only property remain
ing, tho lone mule, sovcn hundred and
twenty dollars.