Willis v. Loeb
Mississippi Supreme Court
Appeal from the Circuit Court of Tippah County. Hon. J; W. C. Watson, Judge. 1. As the horse is not held by virtue of the attachment, but under the execution issued on the judgment by default, the reversal of that judgment, ante, 167, takes away the foundation of the appellees’ case. The burden is on the plaintiffs in execution to show: first, a valid judgment; and, second, that the horse is the property of Burns.
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Appeal from the Circuit Court of Tippah County. Hon. J; W. C. Watson, Judge. 1. As the horse is not held by virtue of the attachment, but under the execution issued on the judgment by default, the reversal of that judgment, ante, 167, takes away the foundation of the appellees’ case. The burden is on the plaintiffs in execution to show: first, a valid judgment; and, second, that the horse is the property of Burns. Thornhill v. Gilmer, 4 S. & M.' 153 ; Bichman v. Williams, 50 Miss. 500. The judgment debtor does not dispute the claim of the appellant, who is, therefore, entitled to the property…
1Opinion of the CourtCooper, J.
In 1879 Loeb & Bloom recovered a judgment against P. F. Burns. Under this judgment an execution was issued and levied on a horse, as the property of the defendant therein. T. O. Willis interposed a claim to a three-fourths interest in the horse, a trial of which resulted in a judgment in favor of the plaintiffs, from which judgment Willis appeals. To the same term of this court to which this appeal was prayed, Burns prosecuted an appeal from the judgment rendered against him. At a former day of this term a judgment was rendered on that appeal, reversing the judgment and remanding the cause…
2Cases cited8 opinions
- Denson v. DensonMississippi Supreme Court · 1857
- Gates v. FlintMississippi Supreme Court · 1860
- Sanders v. YoungMississippi Supreme Court · 1856
- Wall v. WallMississippi Supreme Court · 1854
- Work v. HarperCourt of Appeals of Mississippi · 1852
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3Cited by2 opinions
- Moody & Williams v. DyeMississippi Supreme Court · 1921
- Blumenfeld v. Seward Bros.Mississippi Supreme Court · 1893