Dogan, Sheriff v. Cooley

Smith, C. J.,

delivered a dissenting opinion.

We are to decide whether this land can be sold under an execution on a judgment against the appellee’s husband. The legal title to the land is vested in the appellee by a deed to her from her husband, but, as that deed was made after the rendition of the judgment on which this execution was issued, it cannot be invoked by the appellee against the lien of that judgment.

The appellee purchased the land in controversy from the Grenada Bank, agreeing to pay therefor $500 on the execution of a deed thereto and an additional sum in deferred payments to be…