Peacock v. Boyd

Almand, Presiding Justice.

This is a claim case in which a certain tract of land had been levied on under a fi. fa. in favor of Farmers & Merchants Bank against Mrs. Beatrice Fort with one Jerry L. Peacock asserting a claim that said land belonged to him and not the defendant in fi. fa. On motion for a summary judgment by Lossie Boyd, transferee of the fi. fa. in favor of Farmers & Merchants Bank, the claim was dismissed. Peacock appealed to the Court of Appeals, and that court transferred the appeal here on the ground that it was an equitable proceeding. “A claim is really an intervention…