W. T. Rawleigh Co. v. Brantley

DISSENTING OPINION.

Griffith, J.,

delivered a dissenting opinion.

The salient facts are simple and are undisputed. The sheriff admits that, at the time he made his last return, and this on the original process, he knew of the 227 acres of land owned by one of the execution debtors; and it is admitted that before the final return the execution creditor had specifically pointed out the particular land to the sheriff. He had actually found the land, knew of it, and yet he returned that after diligent search and inquiry he could not find any property upon which to levy. He admits that he knew of the…