First State Bank v. Carver

1. When two fi. fas. in favorof the same plaintiff were levied upon realty which was claimed by a third person under a deed from the defendant in execution, of older date than the plaintiff’s judgments, and before the trial of the claim case the plaintiff filed an equitable amendment in aid of his levies, to which there was no demurrer and upon which the parties went to trial and in the course thereof really contested over only two issues, viz.: (1) whether the deed under which the claimant asserted title was one of bargain and sale, or had merely been given to secure a debt, and (2), if the…