Drillers Service, Inc. v. Moody

Hill, Justice.

This is a claim case. Code §§ 39-801, 39-901.

Drillers Service, Inc., filed suit on open account against J. H. Moody and obtained and recorded a judgment against him on August 19, 1975. In October, 1975, when the sheriff sought to levy an execution, Edward Zell Moody filed a claim to the 4.8 acres of real property in question.

At trial in February, 1977, the evidence showed the following: J. H. Moody and Edward Zell Moody are brothers. Edward Zell Moody guaranteed his brother’s loan at a bank under an oral agreement whereby J. H. Moody agreed to convey the 4.8 acres to Edward Zell…