Collins v. Camp

A fund in the sheriff’s hands raised by sale of property of Thompson, was claimed by two holders of various executions against him, the oldest of which was held by Collins. Stephens, the holder of others, notified the sheriff not to pay any of the fund to Collins, insisting that the execution held by Collins was void. The sheriff filed a petition for direction, etc., and Collins and Stephens pleaded thereto. At the trial the execution held by Collins, and the judgment on which it was founded, were in evidence. The execution was ruled out, because it did not appear that the judgment was in…