Chumbley v. Carrick

The primary question to be determined in this action is, what is the effect of the levy of an execution on an equitable interest in real property, that is, whether or not this levy is void or voidable.

The cause was heard on bill and answer and deeds, records and pleadings, etc. It is stipulated that the sheriff of Coffee County levied an execution on real property of the defendants to satisfy a judgment recovered against the defendant Lillard Carrick on June 13, 1947. It was returned to the Circuit Court for condemnation, at the August, 1947 Term. An order of condemnation was entered in the…