Kelley v. Spivey

Bell, Justice.

An execution in favor of Mary Louise Parks Kelley against H. A. Etheridge was levied on land. O. Ii. Spivey filed a claim. After judgment in favor of the claimant, the plaintiff in execution moved for a new trial, which the court refused, and she excepted. The case was submitted to the judge without a jury, upon an agreed statement as follows:

“On August 18, 1916, H. A. Etheridge made a bond for title to O. H. Spivey, covering the property levied upon, which was never recorded. Subsequently, to wit, on the 20th day of August, 1921, W. B. Parks was appointed and qualified as the…