Cummins v. Griggs

JUDGE ROBERTSON

delivered the opinion of the court:

The only question we shall consider in this case is, whether afield of growing tobacco sold by its producer, Huffman, to the appellee, Griggs, about the 20th of August, 1863, and levied on about thirteen days afterwards by tbe appellant, as an execution creditor of Huffman, was subject to sale under the execution.

The purchaser paid for the tobacco on the day of the sale, and the vendor agreed to • cut it when matured, and cure it, and was in the ostensible possession of it at the date of the levy. The circuit judge, to whom the law and the…