Swain v. Alcorn
Mississippi Supreme Court
Error to the Circuit Court of Tallahatchie County. Hon. E. S. Eisher, Judge. Plaintiff in error recovered, a judgment in the justice’s court against one Thomas Minter, had execution issued and placed in the hands of defendant in error, as sheriff, with directions to le.vy the same on certain personal property in the possession of Minter, which was accordingly done. Doubts arose as to the right of the property, and defendant took an indemnifying bond.
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Error to the Circuit Court of Tallahatchie County. Hon. E. S. Eisher, Judge. Plaintiff in error recovered, a judgment in the justice’s court against one Thomas Minter, had execution issued and placed in the hands of defendant in error, as sheriff, with directions to le.vy the same on certain personal property in the possession of Minter, which was accordingly done. Doubts arose as to the right of the property, and defendant took an indemnifying bond. Bellary elaimed the property, and instituted an action of replevin against the sheriff (this defendant) for its recovery, and took the property…
1Opinion of the CourtSimrall, J.
The only point raised in this case is, whether a sheriff, who has levied an execution upon personal property, and has been deprived of the possession by writ of replevin at the suit of a claimant, is liable for the debt and damages on the motion of the judgment creditor. It is" contended by counsel for the plaintiff in error, that inasmuch as the sheriff had demanded and received a bond of indemnity, he is so liable.
In proceeding to execute the writ of fieri facias, the sheriff often encounters doubts and embarrassments touching the title to the property seized, suggested by his own…
2Cases cited3 opinions
- Edson v. WestonNew York Supreme Court · 1827
- Ford v. DyerMississippi Supreme Court · 1853
- Yarborough v. HarperMississippi Supreme Court · 1852
3Cited by4 opinions
- Woolner & Lowenstein v. Spalding ex rel. HeardMississippi Supreme Court · 1887
- Marshall v. StewartMississippi Supreme Court · 1889
- Saunders v. JordanMississippi Supreme Court · 1877
- Redus v. State ex rel. BowdryMississippi Supreme Court · 1877