Lowry v. McGee

Franklin, C.

This is a suit for the possession of real estate. Appellee claims under a sheriff’s deed, executed upon a sale under an execution upon a judgment rendered February 25th, 1873. Appellants also claim under a similar chain of title, derived under another judgment, rendered April 16th, 1872. Appellee claims priority of title, for the reason that the suit upon which his judgment was rendered was-commenced with an attachment proceeding, and the property in controversy attached, September 4th, 1871. Appellants claim priority for the reason that there was no trial, no finding of the…