Stinnet v. Lowney

Opinion by

Judge Pryor;

The writing exhibited with appellant’s petition evidences a sale of McMillen’s tobacco then in his barn, to the appellant, to be taken possession of when the latter saw proper to send for it. The contract further recites that the tobacco was at the time delivered in the vendor’s barn. The facts are, that the appellant never removed the tobacco from the barn, and whilst there the crop was levied upon by the sheriff under an execution against the vendor, McMillian. The appellant, in order to avoid this levy by the officers, the creditor-maintaining that as the actual…