Chambliss v. Atchison

The judgment of the court was pronounced by

R.ost, J.

The plaintiff, as dative testamentary executor of Job Bass, obtained an order of seizure and sale against a plantation and slaves in the possession of the defendant, upon a mortgage debt alleged to have been due originally to the testator by Joseph Niebert, and to have been assumed with a new mortgage by the said defendant. The defendant enjoined the seizure, alleging the executory process to be illegal, unjust and oppressive, both in its origin and in every stage of its progress, on various grounds stated in the petition. He also pleaded on…