Willoughby v. Pope
Mississippi Supreme Court
Appeal from the circuit court of Pike county. Hon. D. M. Miller, Judge. Suit by B. L. Pope against D. M. & F. M. Willoughby in which Clide and Iddo Willoughby intervene as claimants. From a judgment for plaintiff, claimants appeal. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Pike county. Hon. D. M. Miller, Judge. Suit by B. L. Pope against D. M. & F. M. Willoughby in which Clide and Iddo Willoughby intervene as claimants. From a judgment for plaintiff, claimants appeal. The facts are fully stated in the opinion of the court. Wc contend that the judgment should be reversed, and judgment entered here for the claimants for the reason that the plaintiff in execution did not show by the testimony that the cotton was subject to the execution and the levy. We submit that the testimony is entirely insufficient to justify the verdict of…
1Opinion of the CourtCook, J.
B. L. Pope, appellee, obtained a judgment against D. M. and F. M. Willoughby, and had execution levied upon six bales of cotton, which were claimed by Clide and Iddo Willoughby, appellants. The claimants’ issue was made up and the case submitted to the jury in the circuit court to which the execution was returnable. The verdict of the jury was for the plaintiff in execution, and claimants appeal to this court.
The defendants in execution were the father and mother of the claimants, and while the original suit was pending for trial, and a short time before the term of court at which the trial…
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