Blumenfeld v. Seward Bros.
Mississippi Supreme Court
From the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. Seward Bros., having a judgment against C. C. Lewis, caused an execution thereon to be levied on certain cross-ties, the officer taking them into his possession. Thereupon, Blnmenfeld & Fried propounded their claim, and tendered a •claimant’s bond, and the ties were delivered to them.
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From the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. Seward Bros., having a judgment against C. C. Lewis, caused an execution thereon to be levied on certain cross-ties, the officer taking them into his possession. Thereupon, Blnmenfeld & Fried propounded their claim, and tendered a •claimant’s bond, and the ties were delivered to them. It was shown, on trial of the claimant’s issue, that the ties, when seized, were in the possession of the firm of Lewis & Son, a partnership composed of C. C. Lewis, the judgment debtor, .and W. C. Lewis. The facts throwing light on the…
1Opinion of the CourtCooper, J.
The judgment in this cause must be reversed.
There are two grounds of defense against the right of appellees to subject the property seized to their judgment,, either of which is conclusive. The first is, that the creditor of one member of a firm cannot take in execution any specific article of the partnership property, but must levy upon the interest of the partner in the entire assets. At common law, this was effected by seizing the entire assets, which seizure dissolved the partnership, and the purchaser under execution became tenant in common with the other partners. Sanders v. Young, 31…
2Cases cited3 opinions
- Cayce v. StovallMississippi Supreme Court · 1874
- Sanders v. YoungMississippi Supreme Court · 1856
- Willis v. LoebMississippi Supreme Court · 1881