Ransom v. Duff
Mississippi Supreme Court
Appeal from the Circuit Court of Carroll County. Hon. C. H. Campbell, Judge. Alice G. Ransom recovered a personal judgment against W. H. H. Duff, “for rent due and unpaid.” Upon this judgment an execution was issued and levied on cei’tain personal property, which was replevied by Maggie O. Duff, wife of the defendant in the execution.
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Appeal from the Circuit Court of Carroll County. Hon. C. H. Campbell, Judge. Alice G. Ransom recovered a personal judgment against W. H. H. Duff, “for rent due and unpaid.” Upon this judgment an execution was issued and levied on cei’tain personal property, which was replevied by Maggie O. Duff, wife of the defendant in the execution. An issue to try the right of property was made up, submitted to the circuit judge, who found that the property in controversy £ ‘ was exempt from execution,” and had been “improperly levied upon,” and rendered a judgment releasing the property from the levy and…
1Opinion of the CourtChalmers, J.
Sect. 1255 of the Code of 1880, before the amendment of March 1, 1882 (Acts 1882, p. 113), declared that no property should be exempt from execution “ when the process is for rent.”
*903The court below ruled, or seems from the meagre record before us to have ruled, that this provision applied only where exempt property was seized under process technically appropriate for the collection of rent, to wit, an attachment or distress for rent, and that the property would be exempt if seized under a fieri facias issued upon a judgment in personam, though the judgment had been recovered for rent due and…
2Cited by1 opinion
- Taylor v. MurphyMississippi Supreme Court · 1967