Smith v. Smith

Warner, Chief Justice.

This was a claim case, on the trial of which the jury, under the charge of the court, found the land levied on subject to the plaintiff’s fi. fa., and also found by their verdict that *551R. W. Smith, the defendant’s intestate, was indebted to the claimant, as guardian, the sum of $1,600.00, and that when said land was sold, the plaintiffs in fi. fa. and the claimant should share the proceeds of said sale pro rata, in proportion to the amount of their respective claims at the time of the sale. The claimant made a motion for a new trial on several grounds, which was…