Fouts v. Gardner

W. A. Gardner, as plaintiff in fi. fa., had levied by tbe sheriff a fi. fa. based on a judgment dated March 6, 1922, which was obtained against Silas Fouts as principal, and J. H. Fouts and P. W. Fouts as sureties, on lots of land Nos. 713 and 767 in the first district and second section of Milton County, containing forty acres, more or less, as the property of P. W. Fouts. According to the sheriff’s return the property was found in the possession of each of the defendants. There was an entry of nulla bona by the sheriff as to S. L. Fouts. To this levy S. L. Fouts filed his claim in the usual…