Lytle v. Etherly
Tennessee Supreme Court
On the 21st May, 1833, the defendant purchased at execution sale, in Davidson county, two small tracts of land 'as the property of Isaac Earthman. The amount bid for the land by him was one hundred and forty-four dollars. The sheriff afterwards executed to him a deed for said land. The defendant at the time of his purchase was the surety of said Earthman, in an appeal taken from a judgment rendered against said Earthman in the county court, in favor of D. Cantrell.
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On the 21st May, 1833, the defendant purchased at execution sale, in Davidson county, two small tracts of land 'as the property of Isaac Earthman. The amount bid for the land by him was one hundred and forty-four dollars. The sheriff afterwards executed to him a deed for said land. The defendant at the time of his purchase was the surety of said Earthman, in an appeal taken from a judgment rendered against said Earthman in the county court, in favor of D. Cantrell. The judgment was affirmed in the circuit court. Upon this judgment the defendant paid the sum of five hundred dollars, and…
1Opinion of the Court
Tuklev, J,,
delivered the opinion of the court.
The complainant and defendant are both creditors of Isaac Earthman, and the properly in dispute is the only means he has for the payment of his debts, and which is not sufficient to satisfy the demand of either claimant. The defendant, in addition to his rights as a creditor, claims the property by virtue of a purchase at execution sale, which purchase was however made before he had acquired his right as such.
The complainant insists, that before the right of defendant, as creditor, attached to the property, he had, under the provision of the act…
2Cases cited1 opinion
- Crary v. TurnerNew York Supreme Court · 1809
3Cited by1 opinion
- Sizemore v. E. T. Barwick Industries, Inc.Tennessee Supreme Court · 1971