Chirico v. Dew

ALLEN, Chief Judge.

This is an appeal from a summary judgment entered in favor of the defendant, El-zie L. Dew, in an action by the plaintiffs, appellants herein, on a creditor’s bill seeking an order of the chancellor to the sheriff to levy execution on certain realty and its contents belonging to defendant, as a pro tanto payment on plaintiffs’ unsatisfied judgments for damages against defendant.

Since the identity of the appellee, Elzie L. Dew, as being the proper party defendant was the issue of fact to be determined by the lower court, we feel that a detailing of the events leading up to…