Blalack v. Stevens
Mississippi Supreme Court
From the circuit court of, first district, Perry county. Hon. John R. Enochs, Judge. Stevens, the appellee, was plaintiff in the court below; one Enoch Fairley was defendant in execution, and Blalack and another, appellants, were claimants. Blalack and another had caused an execution to be issued upon a judgment in their favor against Fairley, and it had been levied upon certain sticks of valuable square timber, which were claimed by Blalack and his partners.
Read the full summary
From the circuit court of, first district, Perry county. Hon. John R. Enochs, Judge. Stevens, the appellee, was plaintiff in the court below; one Enoch Fairley was defendant in execution, and Blalack and another, appellants, were claimants. Blalack and another had caused an execution to be issued upon a judgment in their favor against Fairley, and it had been levied upon certain sticks of valuable square timber, which were claimed by Blalack and his partners. On the trial of the claimant’s issue, the plaintiff, Stevens, failed to offer in evidence his judgment against Fairley, upon which 'the…
1Opinion of the CourtCalhoon, J.
Appellee, Stevens, the plaintiff in execution, on the trial of •the claimant’s issue was under the necessity to offer in evidence his judgment against Fairley, and did not do so. This fatal omission is not supplied by the fact that he did offer the execution and the judgment roll. A writ of execution requires the support of a valid judgment. It is the judgment when enrolled, and not the judgment roll, which is made a lien. Code, §§ 757, 759, 760, 791, 2413, 3473, 3481, 4429. We decide nothing else in the case.
Reversed and r&mcmded.
2Cited by3 opinions
- Reed v. General Motors Acceptance Corp.Mississippi Supreme Court · 1956
- Beeson-Moore Motor Co. v. CatlettMississippi Supreme Court · 1922
- Hinton v. MillsMississippi Supreme Court · 1919