Bland Lumber Co. v. Perkins

This was a claim case. The execution, which had been issued originally against a number of named persons as defendants, was transferred in writing by the plaintiff to a named corporation, “for value received.” It appeared, without dispute, however, that the consideration for the transfer was less than the face value of the fi. fa., and was furnished by one of the joint defendants in the fi. fa., who testified that he was in fact the owner of the execution. The court dismissed the levy.

“In a claim case the claimant may attack the execution on any ground which could then be urged by the…