Betton v. Willis
Supreme Court of Florida
This ease, being a claim interposed under the statute to property levied on under executions in,favor of Willis and Moseley, was tried in the Superior Court for the late territory of Florida, at its Spring Term, 1845. A jury being sworn to try the right of property levied upon by plaintiffs in execution, returned the following verdict:— “ We, the jury, find the property claimed to be the property of Alfred M. Gatlin, deceased, in the hands of Luke G. Lamb, executor, to be…
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This ease, being a claim interposed under the statute to property levied on under executions in,favor of Willis and Moseley, was tried in the Superior Court for the late territory of Florida, at its Spring Term, 1845. A jury being sworn to try the right of property levied upon by plaintiffs in execution, returned the following verdict:— “ We, the jury, find the property claimed to be the property of Alfred M. Gatlin, deceased, in the hands of Luke G. Lamb, executor, to be administered, and liable and subject to these executions,” and judgment was entered accordingly. An appeal was taken and a…
1Opinion of the Court
Douglas, C. Justice :
This case was brought up by an appeal from the Circuit Court of Leon county.
It was commenced in the late Superior Court for that county, and is a collateral proceeding arising out of the cases of William P. Moseley and Jesse H. Willis, plaintiffs in execution, against the exe-*227eutors of the last will and testament of A. M. Gatlin, deceased, and was instituted under the ninth and and tenth sections of “ an act concerning executions,” approved Feb. 17th, 1833. Duval’s Compilation, page 10. The ninth section provides — “ That when any marshal, sheriff, or other officer shall…
2Cases cited1 opinion
- Melody v. ReabMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Chapin v. BokeeWashington Supreme Court · 1892
- Moody v. R. Hoe & Co.Supreme Court of Florida · 1886
- Smoot v. StraussSupreme Court of Florida · 1885