Willingham v. Field

Hawkins, Justice.

This was a money rule to distribute $17,000.00, in the hands of the sheriff, arising from the sale of the property of J. M. Fields. Elias E. Field claimed the same by virtue of two unforeclosed mortgages upon the property sold by the sheriff, and Willingham claimed the same on a junior ft. fa. vs. J. M. Field, to the amount necessary to satisfy his judgment. Upon an issue on said mortgages, the jury decided in favor of Willingham, and the court, on the motion of the mortgagee, granted a new trial, and Willingham excepts and says the court erred in granting the new trial;…