Todd v. Gordy

The opinion of the court was delivered by

Manning, C. J.

Wilson McKerall, a judgment creditor of James Todd, with recognition of mortgage upon the Arlington plantation, issued exe*499cution, and by his direction the sheriff levied upon twenty hogsheads of ■sugar for its satisfaction. Before levying the writ of fieri facias, the officer required the judgment debtor to point out property for seizure, who accordingly designated the mortgaged premises for that purpose. 'The officer refused to seize that property under instructions of MeKerall’s •counsel, because it was burthened with anterior mortgages…