Wade v. Watt
Mississippi Supreme Court
Error to Circuit Court of Holmes county. Hon. J. A. P. Campbell, judge. 1. A levy on personal property changes the property, and is a satisfaction of the execution to the extent of the value. A levy is presumed to be a sufficient one. 5 How.
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Error to Circuit Court of Holmes county. Hon. J. A. P. Campbell, judge. 1. A levy on personal property changes the property, and is a satisfaction of the execution to the extent of the value. A levy is presumed to be a sufficient one. 5 How. (Miss.), 629; 7 ib. 393; 34 Miss. 293; 24 Miss. 633; 14 S. & M. 56; 23 Wend. 490. 2. That though the negroes remained in the possession of Wade, he held them as the bailee of the sheriff, and by'request, and the levy remained in full force. 1 Spencer, 56; 4 Harrison, 166; 3 Hill, S. O. 276 ; 28 Miss. 283; Story on Bailment, §§ 12A-136; 23 Wend. 490. . : „…
1Opinion of the CourtHandy, C. J.
This was a motion in "the Holmes Circuit Court by the plaintiffs in error, at May term, 1866, to quash a writ of fieri facias in favor of the defendants in error, against James B. Walton and the plaintiffs in error, Wade and Wright, issued on the 26th March, 1866, and returnable to said May term. The grounds of the motion are: — 1. That Walton, one of the defendants, was dead at the date of the execution, and the judgment had not been revived as to him, nor his death noted on the execution. 2. That an execution had been issued on the judgment in December, 1860, returnable to May term, 1861,…
2Cases cited1 opinion
- Brown v. KiddMississippi Supreme Court · 1857
3Cited by4 opinions
- Wright v. WattMississippi Supreme Court · 1876
- Lustfield v. BallMichigan Supreme Court · 1894
- Parker v. DeanMississippi Supreme Court · 1871
- Dieboldt Brewing Co. v. GrabskiCuyahoga Circuit Court · 1905