Rives v. Holmes

Rives had a fi. fa., issued upon a judgment against John Latimer Jr., levied upon 76 sacks of guano as in the possession of and as the property of the defendant. The fi. fa. was issued and placed upon the general execution docket on July 25, 1913, and the levy was made April 3, 1914. Holmes filed a claim to the guano. On the trial it developed that only 33 sacks of the guano levied upon were actually in the possession of the defendant, and that the remainder of the 76 sacks, as well as these 33 sacks, had been turned over to one Walton Smith by Holmes, to be by him distributed among the…