Jowers v. High Point Furniture Co.

This is a claim case. The plaintiff in fi. fa. attacked the validity of a sale of the property in dispute by the defendant in fi. fa. to the claimant. The time of the creation of the plaintiff’s debt does not appear. If it came into existence after the time of the sale, the judgment in the plaintiff’s favor must be reversed, because the charge of the court in certain particulars complained of was contrary to the principle stated in the first headnote above. If it was pre-existing at the time of the sale, the court should not have given the following instruction: “ If you should find that T.…