Bolton v. Creety

Pannell, Judge.

1. Where the evidence adduced upon the trial of a claim case shows that the legal title to the property levied upon was in the defendant at the time the judgment was rendered, and before execution was issued and recorded, title *559was conveyed to a third party by a bill of sale to secure debt, and after the rendition of the judgment and the recording of the execution the third party foreclosed its bill of sale to secure debt and levied upon the property, and defendant in fi. fa. then conveyed the property to claimant who paid off the claim of the third party by paying the levying…