Reynolds v. Carter
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by F. D. Carter against H. E. Reynolds, executor. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by F. D. Carter against H. E. Reynolds, executor. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. By instruction number 4 for appellee, the court peremptorily charged the jury to find for appellee; this was error and the case should be reversed and the question of whether or not the property levied on was the property of H. J. Jennings, defendant in execution, should be left to the jury. In Irion v. Hume, 50' Miss. 426', the court says: “-The precise issue…
1Opinion of the CourtSmith, C. J.
Appellee having recovered a judgment at law against H. J. Jennings, execution was issued thereon and levi*316ed upon a horse, one top buggy, one open buggy, and one set of harness. Afterwards a claim to the open buggy was interposed by H. El Reynolds, and to the horse, top buggy, and harness by B. E. Reynolds. The property, when levied on, was in the possession of one or both of the Reynolds, the evidence being somewhat confused on this point; it being clear, however, that it was not in the possession of Jennings, and seems not to have been for some time prior to the levy. The record recites that:
2Cases cited3 opinions
- Irion v. HumeMississippi Supreme Court · 1874
- Butler v. LeeMississippi Supreme Court · 1877
- Trice v. WalkerMississippi Supreme Court · 1894