Hughes v. Rutherford

BORAH, Circuit Judge.

Grover C. Wagner, receiver of the American National Bank of Paris, Texas, obtained a judgment against N. F. Rutherford, appellee, on January 7, 1935, On October 24, 1950, the appellant S. W. Hughes, who had previously acquired this judgment, caused the clerk of court to issue an execution thereon. The execution was placed in the hands of Stiles the United States marshal, who, on October 26, 1950, pursuant to said writ, levied on the two tracts of land in Lamar County, Texas, belonging to appellee. Prior to the date on which the property was to be sold under said execution…