Hudgins v. McLain

Hudgins, as administrator of the estate of R. W. Dearby, brought an equitable petition against McLain and Tate and Wheeler, sheriff, alleging substantially the following facts : The plaintiff’s intestate died on or about January 3, 1901. Prior to *274his death the defendants McLain and Tate had recovered a judgment against him in a justice’s, court for a sum due them. Execution was issued on this judgment, and was levied by a constable upon a described tract of land on December 12, 1900. The execution with the levy thereon was afterwards returned to Wheeler, the sheriff, in order that he might…