Cagle v. Butcher

HOLOHAN, Justice.

Appellant Mary E. Cagle appealed from the granting of a summary judgment in favor of David E. Butcher, appellee, which set aside the execution sale of a chose in action. We took jurisdiction pursuant to Sup.Ct.R. 47(e)(5).

The appellant, Mary E. Cagle, became a judgment creditor of her former husband, Ray E. Cagle. A writ of execution was issued and levy was made by the sheriff on a certain chose in action. A sheriff’s sale of the chose in action was held in January, 1975. Donald W. Poppe, the obligor under the chose in action in question, instituted an interpleader action…