Johnson v. Fletcher
Mississippi Supreme Court
Error to the Circuit Court of Tallahatchie County. Hon. Sam. Power, Judge. In October, 1872, a judgment in favor of J. L. Fletcher against Ed. Dale was recovered and enrolled. Dale, in 1876, became the owner of two horses, one of which he traded to W. Z. Johnson ; and, in the fall of 1876, execution under said judgment was levied on that horse.
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Error to the Circuit Court of Tallahatchie County. Hon. Sam. Power, Judge. In October, 1872, a judgment in favor of J. L. Fletcher against Ed. Dale was recovered and enrolled. Dale, in 1876, became the owner of two horses, one of which he traded to W. Z. Johnson ; and, in the fall of 1876, execution under said judgment was levied on that horse. A claimant’s issue was decided in favor of Fletcher, and Johnson brings up the case. 1. Under the act of Feb. 12, 1875 (Acts 1875, p. 122), the two horses were exempt from the judgment; and, consequently, the sale of one to Johnson was valid. Code…
1Opinion of the CourtChalmers, J.
At the date of the rendition of the judgment there was exempt from sale, under execution or. attachment, one horse or mule. By the act of Feb. 12, 1875 (Acts 1875, p. 122), two mules or horses were declared exempt. There is nothing in the language of the act to indicate whether it was intended to be retrospective or prospective only in its operation. Conceding that it was intended to apply to debts previously contracted, and to judgments already rendered, is it constitutional ?
It may now be considered as firmly settled here and elsewhere, that any law which materially increases the amount of…
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