Smith v. Murphey

A fi. fa. issued on a judgment obtained by John M. Smith against Mary Miller and Eosa Miller was levied on a lot of land as the property of Mary Miller (now Mary Murphey), and she sought to enjoin its further progress. The grounds assigned for equitable interference were: that she alone was served with process in the suit (a return of non est inventus having been made as to the other defendant); that her codefendant has died; that by virtue of the deed under which she holds the land the interest of her codefendant upon her death vested in petitioner'; that she has been discharged in…