Tumlin Co. v. Watson

1. To a rule to distribute money the deputy sheriff made answer under oath and this answer was not traversed, and after hearing evidence on the trial of the rule the court passed an order reciting that there was no traverse to the answer of the deputy sheriff, and direct- ■ ing his discharge and-that the funds in his hands as such deputy sheriff be awarded to the distress warrant, which appeared from the answer to be “a superior lien.” The answer of the officer showed that the identical property sold under the mortgage fi. fa. was levied upon under the distress warrant contending for the…