Betterton, Irvine & Co. v. Buck

Opinion by

Willson, J.

§ 198. Execution from justice’s court, when returnable; notice of return of. An execution issued from justice’s court is, by law, returnable in sixty days from the date of its issuance, and it is fair to presume that it was returned at the expiration of that time. Knowledge of the facts that the execution had been levied upon property, and that claim had been made to such property under the statute for the trial of the right of property, could not be imputed to the plaintiff in execution until the execution had been returned into the court from whence it issued. But,…