Merchants National Bank of Mobile v. Navarrette

PATTERSON, Justice:

The Merchants National Bank of Mobile appeals from a judgment of the Circuit Court of Jackson County. This judgment affirmed an order of the County Court which dismissed a motion for judgment against the sheriff of the county and his surety.

The subject matter of the suit is a mobile home unit owned by Frankie and Flossie Mae Gunter. The bank in furtherance of its suit for an indebtedness due it by Frank Gunter caused execution to issue upon the trailer at a time when the right to its possession was being litigated in a replevin action between a finance company and Gunter in…